TERMINAL REPORT
GENDER ANALYSIS OF
SELECTED ECONOMIC LAWS
IN THE PHILIPPINES THROUGH
CEDAW
University of the Philippines Center For Women’s Studies Foundation, Inc.
In partnership with UNIFEM-CEDAW SEAP
1
ACTIVITY
Gender Analysis of Selected Economic Laws in the
Philippines Through CEDAW
LOCATION
Philippines
RESPONSIBLE University of the Philippines Center for Women’s Studies
Foundation, Inc.
TIME FRAME
September 2005 to March 2006
REPORT SUMMARY
This is a legal advocacy research project that assesses the Philippine
government’s compliance with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). It seeks to systematically review
existing legislations in the areas of women’s human rights with a substantive
focus on women’s economic rights and empowerment. It contributes in
addressing the need to amend the laws that are discriminatory to women,
particularly the Labor Code, the Cooperative Law and Cooperative Development
Authority (CDA) Law, the Agrarian Reform Law, and the Women in Small
Business Enterprises Act, Magna Carta for Small Enterprises, Social Reform and
Poverty Alleviation Act and Barangay Micro Business Enterprises (BMBEs) Law.
Leading the project was Dr. Carolyn I. Sobritchea, Director of the University of
the Philippines Center for Women’s Studies (UPCWS). The researchers included
Atty. E. (Leo) D. Battad, Atty. Milagros Isabel Cristobal-Amar, Atty. Ma. Luz
Rañeses-Raval, Atty. Flordeliza C. Vargas and Dr. Rosalinda Pineda Ofreneo.
Ms. Laniza R. Lacsamana and Ms. Adrienne L. Maguddayao provided the
administrative and technical assistance.
A gender analysis of the provisions and implementing rules and regulations
(IRRs) of the economic laws was done to come up with proposed amendments in
relation to the CEDAW and other international laws. 5 validation workshops were
conducted with various stakeholders. The first validation workshop, held on
November 15, 2005, was attended by 6 participants composed of lawyers, United
Nations Development Fund for Women-CEDAW Southeast Asia Programme
(UNIFEM-CEDAW SEAP) partners and NGOs. The second validation workshop,
held on November 23, 2005, was attended by 6 representatives of NGOs,
government organizations (GOs) and UNIFEM-CEDAW SEAP partners. The
third validation workshop, held on November 25, 2005, was attended by five (5)
representatives of NGOs and GOs. The fourth and fifth validation workshops,
held on January 14 and February 9, 2006, had as participants, 20 organizations
of home workers and other informal workers under HOMENET Philippines. The
research findings were also presented in three advocacy fora. The first advocacy
forum, held on January 23, 2006, was attended by 18 participants composed of
UNIFEM-CEDAW SEAP partners, NGOs and GOs. The second advocacy forum
was held on February 14, 2006 for the 45 members of the Committee on Women
2
of the House of Representatives. It was attended by 31 participants composed of
legislators, their staff and representatives of NGOs. The third advocacy forum,
held on March 29, 2006, was attended by 56 representatives of NGOs, primarily
the members of the Rural Women’s Network, a national coalition of women’s
group involved in rural development efforts. The final research report was then
published, with 1,000 copies printed.
ACTIVITY OBJECTIVES, OUTPUTS AND INDICATORS
ACTIVITY OBJECTIVES
1
2
3
4
Review provisions and
implementing rules and
regulations of the economic laws
for gender biases and
discriminatory provisions.
ACTIVITY
OUTPUTS
Biases/Gaps of
economic laws.
RESULTS
Gender analysis of existing economic laws.
Validate research findings with
Five validation
various stakeholders.
workshops
conducted.
RESULTS
Proposed amendments to existing economic laws.
Undertake advocacy fora for
Three advocacy
various stakeholders.
fora conducted.
INDICATORS
Matrices of
economic laws,
with proposed
amendments in
relation to
CEDAW and other
international laws.
Proposed
amendments to
economic laws.
Dissemination of
the research
findings and the
support for
legislative
amendments.
RESULTS
Dissemination of the research findings and the support for legislative
amendments.
Develop advocacy materials for
Advocacy
Advocacy materials
the dissemination of the research materials for the
for the
findings.
dissemination of
dissemination of
the research
the research
findings.
findings.
RESULTS
Advocacy materials for the dissemination of the research findings.
3
TARGET GROUP
The groups that directly benefit from this project are selected legislators and their
technical staff, the National Commission on the Role of Filipino Women
(NCRFW), national agencies directly involved in the implementation and
monitoring of the laws, non-governmental organizations (NGOs), as well as
education, training and research institutions whose mandate include the
promotion of economic empowerment among women.
LESSONS LEARNED
Given the voluminous amount of primary and secondary materials that were
reviewed and the numerous laws that had to be examined, more time should
have been given to the researchers to collect, analyze and write the research
report. More time should have also been provided for the validation workshops
so that each participant would have been able to ask questions and give their
comments and suggestions, and the researchers would have been able to
answer them. The participation of grassroots women's organizations involved in
micro-enterprise and livelihood programs, micro-financing, and labor policy
development and implementation was very valuable and they should always be
represented in every activity.
ACTIVITY LINKS AND SUSTAINABILITY
The participants in the validation workshops verified the research findings and
gave comments and recommendations both on the legal amendments and the
actions that may be undertaken to advocate and initiate mobilization toward
legislative reforms.
The advocacy fora conducted were helpful in the dissemination of the research
findings. Information dissemination provides various stakeholders with the
knowledge to promote and start mobilization toward legal changes that will
support women’s economic rights and empowerment.
4
SUMMARY REPORT
PROJECT ACTIVITIES
GENDER ANALYSIS OF
SELECTED ECONOMIC LAWS
IN THE PHILIPPINES THROUGH
CEDAW
5
RESEARCH PHASE
1. Selection of Members of the Research Team and Preparation of the
Study Framework and Methodology
The project began with the selection of the members of the research team and
the holding of a series of meeting with them to formulate the analytical framework
of the research and methods of data collection and validation. These activities
was followed by a briefing of the team members on CEDAW and other
international human rights instruments as well as the current economic situation
in the country. The research team was furnished with the latest relevant materials
like the latest statistics on the status of women in the Philippines, particularly the
sectors of formal and informal labor, agriculture and enterprise development. The
researchers
Atty. E. (Leo) D. Battad
Atty. Milagros Isabel Cristobal-Amar
Atty. Ma. Luz Rañeses-Raval
Atty. Flordeliza C. Vargas,
Dr. Rosalinda Pineda-Ofreneo
Dr. Carolyn I. Sobritchea
The Laws Reviewed
Atty. Battad conducted the gender review of the labor code – Presidential
Decree (PD) No. 442 (A Decree Instituting a Labor Code Thereby Revising and
Consolidating Labor and Social Laws to Afford Protection to Labor, Promote
Employment and Human Resources Development and Ensure Industrial Peace
Based on Social Justice) and such other laws relevant to the advancement of
women’s economic status and welfare as the following:

Republic Act (RA) 7184 (Women in Nation Building Act), to define the role of
women in politics and social progress;

RA 6725 (Strengthening the Prohibition on Discrimination against Women)
and RA 7877 (The Anti-Sexual Harassment Act of l995), to provide a safe,
gender-fair, and gender-friendly environment in the workplace;

RA 7882 (An Act Providing Assistance to Women Engaging in Micro and
Cottage Business Enterprises, and for the purposes; RA 8289 (Magna Carta
6
for Small Enterprises); RA 8425 (An Act Institutionalizing the Social Reform
and Poverty Alleviation Program, Creating for the Purpose the National AntiPoverty Alleviation Program, Creating for the Purpose the National AntiPoverty Commission, Defining its Powers and Functions, and for Other
Purposes); and RA 9178 (An Act to Promote the Establishment of Barangay
Micro Business Enterprises), Providing Incentives and Benefits therefore,
and for Other Purposes), to provide access to credit and market;

RA 7322 (Maternity Benefits in the Private Sector Act), RA 8187 (The
Paternity Leave Act); RA 8972 (Solo Parents Welfare Act of 2000); RA 6972
(Barangay Level Total Development and Protection of Children Act), and RA
8980 (ECCD Act), to recognize the particular needs of workers and provide
family support services to those with family responsibilities.
Atty. Cristobal-Amar, for her part, did the gender review of RA No. 6938 (An Act
to Ordain a Cooperative Code of the Philippines) and RA No. 6939 (An Act
Creating the Cooperative Development Authority to Promote the Viability and
Growth of Cooperatives as Instruments of Equity, Social Justice and Economic
Development, Defining Its Powers, Functions and Responsibilities, Rationalizing
Government Policies and Agencies With Cooperative Functions, Supporting
Cooperative Development, Transferring the Registration and Regulation
Functions of Existing Government Agencies on Cooperatives as Such and
Consolidating the Same With the Authority, Appropriating Funds Therefore, and
for Other Purposes)
Two legal researchers worked on the gender review of RA No. 6657 (An Act
Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice
and Industrialization, Providing the Mechanism for Its Implementation, and for
Other Purposes) and RA No. 7882 (An Act Providing Assistance to Women
Engaging in Micro and Cottage Business Enterprises, and for Other Purposes).
They are Atty. Rañeses-Raval and Atty. Vargas.
Dr. Pineda Ofreneo worked on three laws related to credit and enterprise
development. These are RA No. 8289 (An Act to Strengthen the Promotion and
Development of, and Assistance to Small and Medium Scale Enterprises,
Amending for that Purpose Republic Act No. 6977, Otherwise Known as the
"Magna Carta for Small Enterprises" and for Other Purposes), RA No. 8425 (An
Act Institutionalizing the Social Reform and Poverty Alleviation Program, Creating
for the Purpose the National Anti-Poverty Commission, Defining Its Powers and
Functions, and for Other Purposes) and RA No. 9178 (An Act to Promote the
Establishment of Barangay Micro Business Enterprises (BMBEs), Providing
Incentives and Benefits Therefor, and For Other Purposes)
Dr. Sobritchea wrote the introduction of the book, which describes the provisions
of CEDAW and its relevance to the review of selected economic laws. She also
7
provided the background paper on the gender dimensions of economic issues in
the Philippines.
Methodology
The legal researchers conducted the data collection strategies:

Each one conducted a review of related literature that consisted of published
studies and primary documents taken from the various government agencies
tasked with the implementation and monitoring of the various laws.

They held individual and group interviews with key informants from
government and non-governmental organizations to get the latter’s opinions
about the extent of gender-responsiveness of the aforementioned laws.

After the collection of data, the research team held a series of meetings to
agree on the method of analysis and writing the data.

After the completion of the first draft of their manuscripts, the team met
several times to discuss the improvements that had to be made in preparing
the final research report.
2. Validation Workshops
The second phase of the research project consisted of five validation workshops.
These were meant to get the feedback of various stakeholders on the findings of
the study. The first validation workshop, held on November 15, 2005, was
attended by six participants composed of lawyers, UNIFEM-CEDAW SEAP
partners and NGOs. The second validation workshop, held on November 23,
2005, was attended by six representatives of NGOs, GOs and UNIFEM-CEDAW
SEAP partners. The third validation workshop, held on November 25, 2005, was
attended by 5 representatives of NGOs and GOs. The fourth and fifth validation
workshops, held on January 14 and February 9, 2006, had participants from 20
organizations of home workers and other informal workers under HOMENET
Philippines.
3. Advocacy Forums
The feedback from those who participated in the validation workshops was
incorporated into the final copy of the research report. After this, the research
team conducted three advocacy fora attended by legislators, representatives of
various NGOs involved in economic projects for women and program personnel
of government agencies. The first advocacy forum, held on January 23, 2006,
was attended by 18 participants composed of UNIFEM-CEDAW SEAP partners,
NGOs and GOs. The second advocacy forum was held on February 14, 2006 for
8
the 45 members of the Committee on Women of the House of Representatives. It
was attended by 31 participants composed of legislators, their staff and
representatives of NGOs. The third advocacy forum, held on March 29, 2006,
was attended by 56 representatives of NGOs, primarily the members of the Rural
Women’s Network, a national coalition of women’s group involved in rural
development efforts.
4. Publication
The final research report was published, with 1,000 copies printed. The book was
launched on March 29, 2006 at the UPCWS Courtyard.
VALIDATION WORKSHOPS
As mentioned earlier, five validation workshops were conducted, three of which
were held at the UPCWS Conference Room. The first validation workshop, held
on November 15, 2005, was attended by 6 participants composed of lawyers,
UNIFEM-CEDAW SEAP partners and NGOs.
Lawyers
UNIFEM-CEDAW SEAP Partners
NGOs
TOTAL
NUMBER OF PARTICIPANTS
3
1
2
6
Ms. Luz Lopez-Rodriguez, National Coordinator of UNIFEM-SEAP, gave a brief
overview of the project. Dr. Sobritchea then gave a rundown of the project
activities, explaining the objectives of the validation workshop and announcing
the dates of future activities. She also provided an overview of CEDAW and its
relevance to the research. After that, Atty. Battad and Atty. Rañeses-Raval
presented the findings of their study. Atty. Battad discussed the Labor Code
while Atty. Rañeses-Raval discussed the Agrarian Reform Law. The participants
then gave their comments and recommendations on the findings of the
researchers.
The second validation workshop, held on November 23, 2005, was attended by
six representatives of NGOs, GOs and UNIFEM-CEDAW SEAP partners.
NGOs
GOs
UNIFEM-CEDAW SEAP Partners
TOTAL
NUMBER OF PARTICIPANTS
3
2
1
6
9
The third validation workshop, held on November 25, 2005, was attended by five
representatives of NGOs and GOs.
NGOs
GOs
TOTAL
NUMBER OF PARTICIPANTS
2
3
5
Atty. Battad made the introduction, explaining the objectives of the research and
the framework used in the analysis of the economic laws. The presentation of the
research findings by Atty. Cristobal-Amar, Atty. Rañeses-Raval and Atty. Battad
then followed. The participants gave their comments and recommendations on
the findings of the three researchers after each presentation.
The fourth and fifth validation workshops, held at the University of the Philippines
College of Social Work and Community Development (UPCSWCD) on January
14, 2006, and the DSWP Office on February 9, 2006, respectively, were attended
by 20 organizations of homeworkers and other informal workers under
HOMENET Philippines.
The comments and recommendations on the findings of the researchers given by
the participants in the five validation workshops helped in the crafting of the final
research report. The following are the feedback from the participants:

Use of gender-sensitive and/or gender-neutral words and phrases. Some
words and phrases being used in the present economic laws are genderbiased. Although some of these words and phrases were included in the
research report, a few were overlooked. Examples of these are the use of the
word “personnel” instead of “manpower”, “gender” instead of “sex” and the
use of the phrase “reproductive roles” instead of “maternity roles”.

A more comprehensive definition of terms. Aside from being genderinsensitive, some words and phrases being used in economic laws are either
too vague or too scholarly. There must be a more comprehensive definition of
terms to help others understand these laws better, and also to avoid different
interpretation of the laws.

Inclusion of additional provisions that will promote women’s economic
empowerment. The provisions of the existing economic laws are inadequate
in promoting women’s economic rights and empowerment. Amendments must
be made to help women gain equal footing with their male counterparts in the
economic arena. One example is the provision of tax incentives or other
bonus schemes to employers and/or companies that promote women
participation in the workplace, and cooperatives that encourage women
membership.
10
ADVOCACY FORA
Three advocacy fora were conducted for the project. The first advocacy forum,
which was held at the Conference Room, UPCWS on January 23, 2006, was
attended by 18 participants composed of UNIFEM-CEDAW SEAP partners,
NGOs and GOs.
UNIFEM-CEDAW SEAP Partners
NGOs
GOs
TOTAL
NUMBER OF PARTICIPANTS
2
12
4
18
Ms. Luz Lopez-Rodriguez started the advocacy forum with a brief overview of the
project. Dr. Sobritchea then explained the objectives and framework of the
research. After that, Atty. Battad and Atty. Rañeses-Raval presented the findings
of their study. Atty. Battad discussed the Labor Code and also presented the
findings of Atty. Cristobal-Amar regarding the Cooperative Law and CDA Law.
Atty. Rañeses-Raval discussed the Agrarian Reform Law. The participants then
gave their comments on the findings of the three researchers.
The second advocacy forum, which was held at the Conference Room 11,
Ramon V. Mitra Building, House of Representatives on February 14, 2006, was
attended by 31 participants composed of legislators and members of the House
Committee on Women, their staff and representatives of NGOs.
Legislators and Members of the House
Committee on Women
HOR Staff
NGOs
TOTAL
NUMBER OF PARTICIPANTS
5
13
13
31
Rep. Josefina M. Joson, Chairperson of the House Committee on Women, made
the opening remarks, highlighting the problems being encountered by women in
the workforce and the importance of the research in improving and promoting
women’s economic status. Dr. Sobritchea then gave an overview of the study.
This was followed by the presentation of the research findings by Atty. Battad,
Dr. Pineda Ofreneo and Atty. Cristobal-Amar. After the presentation, there was
an open forum wherein the participants gave their comments on the findings of
the researchers.
The third advocacy forum, which was held at the Conference Room, UPCWS on
March 29, 2006 was attended by 56 representatives of NGOs, primarily the
members of the Rural Women’s Network, a national coalition of women’s group
involved in rural development efforts.
11
At the start of the advocacy forum, Dr. Ma. Theresa D. Ujano-Batangan, Deputy
Director for Training and Outreach of the UPCWS, made the welcoming remarks.
Dr. Sobritchea then gave a brief overview of the project. The presentation of the
research findings by Atty. Battad, Dr. Pineda Ofreneo, Atty. Cristobal-Amar and
Atty. Flordeliza C. Vargas then followed. Atty. Vargas discussed the Agrarian
Reform Law. After that, Ms. Zone Narito, Team Leader of WISEACT, gave her
reactions to the presentation. An open forum wherein the participants gave their
comments on the findings of the researchers then followed.
PUBLICATION
The final research report was externally reviewed by Atty. Myrna S. Feliciano and
later revised for publication by the researchers. Mr. Nestor de Guzman and Mr.
Ariel Manuel served as style editor and layout artist of the book, respectively. Ms.
Gina Rose Chan acted as proofreader while Ms. Cristina Saulo designed the
book cover. One thousand copies of the book were published, which was
launched on March 29, 2006 at the UPCWS Courtyard. The books is currently
being distributed to the libraries of the University of the Philippines and to the law
libraries of other schools. Limited copies have been given to human rights and
feminist lawyers, NGOs, and to the members of the UNIFEM-SEAP project
partners. We are also advocating to teachers for the use of the book as
reference materials for their classroom teaching.
12
13
Download

Gender Analysis of Selected Economic Laws in the