Draft Establishment of An ACWC Network of Social Services Agencies (NOSSA) Providing services to eliminate and support victims and survivors of Violence Against Women and Violence Against Children In-Country Consultation Philippines February 2015 Submitted to: ASEAN COMMISSION ON THE PROMOTION AND PROTECTION OF THE RIGHTS OF WOMEN AND CHILDREN (ACWC) And ASEAN-U.S. PARTNERSHIP FOR GOOD GOVERNANCE, EQUITABLE AND SUSTAINABLE DEVELOPMENT AND SECURITY (PROGRESS) The authors’ views expressed in this report do not necessarily reflect the views of the United States Agency for International Development or the United States Government. 1 Draft Contents 1 Introduction .................................................................................................................................... 4 1.1 Background ............................................................................................................................. 4 1.2 Purpose of In-Country Consultation Report ........................................................................... 5 1.3 Objective of NOSSA in-country consultation .......................................................................... 5 1.4 In-Country Consultation Methodology ................................................................................... 5 1.5 The Findings from the Consultative Visits and Workshop in the Philippines ......................... 6 1.6 The most common forms, causes and impact of VAW and VAC ............................................ 7 1.7 The responses, challenges and needs ..................................................................................... 8 1.7.1 Responses ....................................................................................................................... 8 1.7.2 Challenges and Needs ................................................................................................... 10 1.8 The possible NOSSA’s programs and activities (and the priorities) ...................................... 11 1.9 The possible NOSSA status, governance and management structures ................................ 12 1.10 Criteria for NOSSA’s membership ......................................................................................... 12 1.11 The layout and content of the directory ............................................................................... 12 2 Draft Acronyms ACWC ASEAN Commission on the Promotion and Protection of the Rights of Women and Children AMS ASEAN Member States ASEAN Association of Southeast Asian Nations ASWC ASEAN Social Work Consortium CPN Child Protection Network DSWD Department of Social Welfare and Development ECPAT End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes NGO Non-Governmental Organisation NOSSA Network of Social Service Agencies PROGRESS Partnership for Good Governance, Equitable and Sustainable Development and Security SSA Social Service Agencies UN United Nations USAID United States Agency for International Development VAC Violence Against Children VAW Violence Against Women WCC Women Crisis Center WCPU Women and Children Protection Units 3 Draft 1 Introduction 1.1 Background The ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) was established in April 2010 to promote and protect the human rights and fundamental freedoms of women and children in ASEAN. In particular, ACWC is tasked with promoting and reviewing the progress of the implementation of The Declaration on the Elimination of Violence Against Women and Elimination of Violence Against Children in ASEAN. The ACWC Work Plan 2012-20161 covers 18 thematic areas, ranging from strengthening institutional capacity of ACWC to elimination of violence against women and children, rights of children, trafficking in women and children, rights of women and children, gender mainstreaming and various other themes. The thematic areas mainly reflect the measures in the Declaration to eliminate violence against women and children in the region. One of the measures (number 7) is to: “Strengthen the provision of support social welfare services to women and children victims/survivors of violence and their families in ASEAN through the establishment of an ACWC network of social services to facilitate the promotion of good practices, sharing of information, exchange of experts, social workers and service providers, including NGOs”; . The development and implementation of each thematic area is assigned to a lead country. In the case of the establishment of the Network of Social Service Agencies (NOSSA), the lead country is Singapore. In 2012, the Singapore ACWC representatives put forward a proposal for NOSSA, focusing on supporting the victims of violence against women and violence against children, rather than the broad range of services provided by social welfare agencies. To support ACWC in establishing NOSSA, a consultancy team2 was commissioned by ASEAN-US Partnership for Good Governance, Equitable and Sustainable Development and Security (PROGRESS) to consult the member states and prepare the NOSSA Sustainability and Strategic Work Plan 2015-2020. 1 ASEAN Commission on the Promotion and Protection of the Rights of Women and Children Work Plan 2012 – 2016 and Terms of Reference, The ASEAN Secretariat, Jakarta 2 The consultant team consists of Dr. Yeow Poon and Ms. Wahyuningrum. 4 Draft The purpose of the NOSSA in--country consultation was to consult the member states regarding the scope, structure, sustainability and priority programs of NOSSA for 20152020 as well as the ACWC Directory of SSAs. 1.2 Purpose of In-Country Consultation Report The purpose of the report is to set out the findings from the in-country consultation regarding the participants’ views of the most common VAW and VAC, as well as learning about the responses by government, non-governmental organizations and other relevant stakeholders including their challenges and needs to address VAW and VAC in each respective country. The report also highlights the participants’ views of programs, activities and structure of NOSSA to help provide better services for victims and/or survivors of VAW and VAC. The report sets out the methodology used during the consultation. 1.3 Objective of NOSSA in-country consultation The objectives of in-country consultation were to: Identify the existing SSAs working in Violence Against Women (VAW) and Violence Against Children (VAC), what services they provide (medical, shelter, psycho-social, legal aid, etc.) and the challenges and needs they face Clarify the added value of NOSSA to the on-going efforts in member states to support victims/survivors and eliminate violence against women and children Identify activities to be implemented by NOSSA at regional level and its connection with national level, the possible funding support for NOSSA and the potential NOSSA governance, management and operating structures and procedures Identify the membership protocol and the proposed content of a directory of SSAs Review the institutional and legal framework and policies in each member state that may serve as a foundation for NOSSA programs and activities 1.4 In-Country Consultation Methodology Prior to the in-country consultation, the consultants prepared tools and methodology to conduct the in-country consultation in each AMS and completed a desk research on issues related to VAW, VAC and social service providers in ASEAN, including the country’s profile, legal and policy frameworks concerning the issues. 5 Draft An inception presentation to the 9th ACWC Meeting was held on Monday, 13th October 2014 in Yangon, Myanmar. The presentation reaffirmed the objectives and outcomes for NOSSA as set out in the original proposal and outlined the work plan and methodology to be used during the in-country consultation. During the 9th ACWC Meeting, the consultants also requested AMS to prepare for and participate in the consultation exercise, as well as nominate social service agencies (SSAs) 3 for membership in NOSSA. In addition, during the preparation stage, a formal letter from the ASEAN Secretariat and concept notes for the consultation visits were sent to each member states. The concept notes set out the objectives of the consultation and the possible program over the 2 days. The consultation program was then finalized after receiving feedback from the NOSSA focal point in each country. Hence, there were slight variations in the consultation program for each member state, however, they all had the same objectives and followed a similar format. The focal point(s) in each AMS in consultation with the ACWC representatives of their respective country then selected and invited relevant social service agencies and related stakeholders to participate in the consultation workshops. The in-country consultations in all AMS were conducted from January through March 2015 and a summary of the findings was presented to the 10th ACWC Meeting in Jakarta, on 26th February 2015. A synthesis report combining all the consultation findings is being prepared for ACWC. 1.5 The Findings from the Consultative Visits and Workshop in the Philippines The in-country consultation was held in Quezon City from February 20th to 21st February 2015. The first day consisted of field visits to the Child Protection Network (CPN), the Philippines General Hospital and the Child protection Unit, Women Crisis Center (WCC) and ECPAT-Philippines4. On the second day, a consultative workshop was held in the Department of Social Welfare and Development (DSWD). The workshop brought together 30 participants from the Philippines’ SSAs, ACWC Representatives, Non-Governmental Organizations (NGOs), Government and UN 3 SSAs are social services agencies providing services to victims and survivors of violence against women and children and/or working to eliminate violence against women and children. SSAs could be both government or non-government agencies. 4 These 4 SSAs were nominated for NOSSA membership. 6 Draft Agencies. The participants worked in two groups - one group on VAW and the other on VAC. After each discussion session the groups presented their findings. The findings below are compiled from the discussions and presentations made by the two discussion groups. Where needed, the consultants have made editorial changes to ensure a smooth narrative. However, the consultants were mindful to ensure that the findings are presented as they are (i.e., reflecting the views of the participants and not the interpretations of the consultants). 1.6 The most common forms, causes and impact of VAW and VAC The participants identified physical violence as the most common form of violence against women and children in the Philippines. It was suggested that domestic violence is the most reported or referred cases. In particular, the following information from the 2008 National Demographic and Health Survey conducted by the National Statistics Office was highlighted by the participants: One in five women age 15-49 has experienced physical violence since age 15 One-fourth of married women age 15-49 reported having experienced emotional, physical, and/or sexual violence from their husbands Among married women who experienced physical and/or sexual spousal violence in the 12 months before the survey, 65 percent reported experiencing some types of injury Only 30 percent of women who have experienced any type of physical or sexual violence sought assistance Husbands/partners (44 percent) or former husbands/partners (22 percent) are the main perpetrators of physical violence The participants also mentioned some emerging issues related to violence against women and children in the Philippines, which included: Cyber crimes: pornography and prostitution Multiple forms of abuse and discrimination against girls with disabilities Availability of accurate statistics that are gender sensitive to be able to identify define girls or boys suffering from underreported gender-based violence in schools Lesbians, gays, bisexual and transgender issues (House Bill No. 647 “AntiDiscrimination Act of 2010” is being pushed) Strengthening of men’s movement called “Men Opposed to Violence against Women Everywhere” Women and children protection in the time of natural disasters 7 Draft The protection of women and children in indigenous group and Muslim community In both visits and workshop, NGOs repetitively mentioned that there has been a serious lack of resources to support daily expenses of the shelters and victims’ services (including paying honorarium for lawyers, maintain the status of VAW desk at the barangays5, staff transportation and paying some fees for health services). For example, representatives from an NGO mentioned that due to a lack of funding, they have to close the shelter and move the office to smaller premises. 1.7 The responses, challenges and needs 1.7.1 Responses The Philippines has violence against women-related laws enacted, as follows: Republic Act (RA) 8353 “Anti-Rape Law of 1997” Republic Act (RA) 8369 “Family Courts Act of 1997” Republic Act (RA) 8505 “Rape Victim Assistance and Protection Act of 1998” Republic Act (RA) 8551 “Philippines National Police Reform and Reorganization Act of 1998” Republic Act (RA) 9208 “Anti-Trafficking in Persons Act of 2003” Republic Act (RA) 9262 “Anti-Violence Against Women and their Children Act of 2004” Republic Act (RA) 9710 “Magna Carta of Women of 2009” Republic Act (RA) 9995 “Anti-Photo and Video Voyeurism Act of 2009” Republic Act (RA) 10354 “Reproductive Health Law” Republic Act (RA) 10361 “Domestic Workers’ Act” Republic Act (RA) 10364 “Expanded Anti-Trafficking in Persons Act of 2012” Republic Act (RA) 10398 “Nov 25 as National Consciousness Day to Eliminate Violence Against Women and Children” Republic Act (RA) 9775 “Anti-Child Pornography Act of 2009” Republic Act (RA) 10627 “Anti-Bullying Act of 2013” The participants indicated that the government has established some facilities for women and children, which included the following: 5 Women and children protection desks in all of the 1,723 police stations nationwide A barangay is the smallest administrative unit in the Philippines. 8 Draft As of March 2014, there were 31,431 (75%) barangays with established VAW Desks; The Philippines Commission on Women developed the Barangay VAW Desk Handbook in 2013 There are 56 women and children protection units (WCPUs) in 38 hospitals and 18 local government units across 35 cities and provinces nationwide Women-Friendly Spaces are being established in evacuation centers At the local level, the government has established “Local Council for the Protection of Children” to advocate child rights, plan and initiate interventions and monitor children’s programs or projects in the locality. There is also a mandatory audit (the Child-Friendly Local Governance Audit) for assessing the results of the intervention for children. Furthermore, a reward “Conferment of the Seal of Child-Friendly Local Governance” is given to local government units for delivering outstanding positive results for children’s well-being. The participants also highlighted the inclusion of VAW and VAC to be part of public health, as all victims of domestic violence have the rights to obtain free health services, including psychological treatment. State hospitals a WCPU must have a coordinator responsible for coordinating the management and referral of all violence against women and children cases in a hospital facility. Hospitals are required to include in their annual proposed budget the funds needed to support the operations of the WCPU. Furthermore, all hospital’s personnel must undergo training on 4Rs (Recognition, Reporting, Recording and Referral) of cases of violence against women and children. Various government departments have also initiated policies and programs to address violence against women and violence against children, for examples: The Department of Social Welfare and Development Counseling Services for Rehabilitation of Perpetrators of Domestic Violence The Department of Justice on-going capacity development on gender-sensitive handling of VAW cases for prosecutors The Philippines Commission on Women National VAW Documentation System The Department of Education’s “Policies and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse” The Philippines National Police established the National Anti-Trafficking in Persons Committee in 2011 The Department of Labor and Employment has a checklist for labor law compliance which includes the requirements of the Anti-Sexual Harassment Law and 10-day paid leave for VAW victims 9 Draft 1.7.2 Challenges and Needs Nevertheless, the participants indicated that there are challenges. Some laws need to be amended to better support victims and survivors of VAW and VAC, such as: Amendment or repeal of certain provisions of the Revised Penal Code: o Anti-Prostitution Bill to amend Article 202 & 341 on Prostitutes and White Slave Trade o Repeal of Article 247 on Death or Physical Injuries Under Exceptional Circumstance Amendment of certain provisions of the Family Code: o Repeated physical abuse as a ground for legal separation. Amendment to RA 7877 or the Anti-Sexual Harassment Law of 1995. Amendment to RA 8353 or the Anti-Rape Law of 1997. The participants said that there is a need to inform the general public of available services, as data from the Philippines Commission on Women showed that only 30% women sought help to stop violence against them. Furthermore, participants also mentioned some challenges faced by service providers: There is an absence of centralized and national-wide data on violence against women and violence against children6 There are no monitoring and evaluation mechanisms on the services, especially for post-treatment Limited facilities provided for victims Maintaining the availability of the services at the Barangays level and the capacity of the service providers and paralegals in handling cases on VAW and VAC Lack of feminist perspectives (sensitivity in handling cases) and lack of capacity and skills in engaging children, their families and communities Lack of perspectives in addressing VAW and VAC in the context of natural disasters, man-made conflict and climate change The participants shared the opinion that SSAs in the Philippines need support to improve their capacity for providing services and delivering training for their stakeholders, especially to improve their skills monitoring the utilization of Gender and Development Budget. The SSAs also need to improve their capacity in conducting evidence-based research to establish baselines that enable concrete 6 At the time of consultation, the government, UNICEF and civil society organizations were preparing a national-wide survey on violence against children. 10 Draft recommendations to be made for addressing the gaps. In addition, the participants indicated further needs as follows: Greater awareness by women on the rights, laws, programs and services Accessibility, availability, affordability and adequacy of services to women Stronger institutional mechanism for enforcing the legal framework at the local level and strengthening community-based response in VAW and VAC prevention Continuing capacity building and training of service providers on women’s rights, children’s rights and feminist perspectives (sensitivity in handling cases) Upgrading facilities and services for victims Rehabilitation of perpetrators of domestic violence 1.8 The possible NOSSA’s programs and activities (and the priorities) The participants identified a number of roles that NOSSA could play, which included the following: Facilitate the opportunities to collaborate and affiliate with regional and international organizations Function as a marketplace of technical experts on VAW and VAC Coordinate the shelters in ASEAN that provide cross-border VAW and VAC services for migrant workers and trafficking in persons As a learning center and a platform for sharing experiences and best practices among social agencies working on VAW and VAC in the ASEAN region The participants suggested the following programs for NOSSA: Annual Conference and Exhibition at both national and regional level with thematic focus Web-based platform network of social service agencies for VAW and VAC and knowledge management Conduct joint-research among countries in ASEAN on VAW and VAC Provide capacity building exercises such as internship, country visits and training Strengthen community based protection by bringing all local government units in ASEAN countries together The participants also suggested cross-sector collaboration and cooperation with existing ASEAN networks such as the ASEAN Social Work Consortium (ASWC). 11 Draft 1.9 The possible NOSSA status, governance and management structures Regarding the status of NOSSA, the participants indicated that NOSSA should be attached with ACWC, but it should have its own Secretariat support. NOSSA should be able to raise funds from donors, philanthropist or companies (corporate social responsibilities). Participants also suggested Singapore as the focal point for this initiative can provide seed funds to start NOSSA. Participants suggested that the Governing Board members, with the approval from the ASEAN Ministers of Social Welfare and Development, should consist of: ACWC Chair and vice-chair Two internationally respected ASEAN principals as Co-Chairs Chair of ASEAN Senior Officials Meetings on Social Welfare & Development Major Donors representatives. 1.10 Criteria for NOSSA’s membership Participants suggested membership of NOSSA should consist of lead organizations providing services in addressing VAW and VAC in the ASEAN region. 1.11 The layout and content of the directory The participants did not discussed this topic 12