Introduction
How does PHILSSA and the partners ensure a consistent message on Women in Conflict with the Law (WICL)?
There are constant messages which pertain to fundamental human rights but our interventions will have to adapt to the onerous conditions experienced by women in conflict with law in the time of this COVID 19 pandemic.
On Nov 20, 2020, there was a whole team workshop which initially discussed the meaning of WICL & which was pursued by sharing the project documents to the whole team such as the call for proposal by UN Women & other documents. PILIPINA, an implementing partner of this project shared to us that there is a provision in the Magna Carta of Women that includes women in detention under the section on Women in Especially Difficult Circumstances.
Community profiles on WICL in target communities were empirically obtained through a study led by JJCICSI, the project’s partner on Research, Advocacy & Monitoring. PILIPINA, the project’s local implementing partner in Metro Manila & Tambayan, the local implementing partner in Davao City mobilized the target communities for data collection.
These community profiles enriched the meaning of WICL, which became the project’s empirically verifiable message on WICL and which was shared to stakeholders & appropriate government agencies.
The project’s template for gathering data on the community profiles pertaining to women in conflict with the law (WICL) was designed to provide a picture of the actual conditions of WICL in nine (9) communities in two metropolitan Ph cities.
These community profiles were some of the major messages communicated during the March 10, 2021 national project launch as well as our March 23 local launch.
As well, in that forum on WICL, SALIGAN, the project’s implementing partner for Legal Literacy & Legal Services shared both the content & method of training women as paralegals, which will be the community advocates for WICL.
All the above implementing partner organizations have activity plans which outline expected output, methods & messaging which are discussed with the whole project team.
Initial Conversations about WICL
The messages below were sent to the whole team of Philssa – UN Women A2J Project on Nov 26, 2020, after the Nov 20 whole team workshop, which saw the need to clarify the meaning of WICL as a project team.
The meaning of Women in Conflict with the Law, (WICL) as currently used in development circles is that it is a concept used in in relation to women's - access - to justice, as a right itself & access to justice programs are some of the development interventions.
The right of access to justice as based in UN CEDAW is a fundamental component of the rule of law, good governance, & human rights guarantees.
From the UN Call for our current A2J proj (CFP No. CFP-PHL-2020-001)
we found the following:
Activity 1: Increase awareness of women’s rights among women and communities
This activity will focus on supporting women to navigate the formal and informal justice systems available to them in the context of women in conflict with the law. (underscoring mine)
The project is underpinned by empowerment objectives which mean that approaches will not be prescribed for the women and there will be no control over how women choose to use the information received.
Instead, tools and activities to support women’s legal literacy will be developed.
These may include awareness raising tools to support women’s understanding of their formal and informal justice options after being charged with a drug crime from interactions with law enforcement and preliminary hearings through to plea-bargaining and post-custodial rehabilitation options.
(underscoring mine)
▪ Provide high-quality legal literacy and access to justice services to women in conflict with the law including in the context of drug crimes. The legal literacy services should bridge formal and informal justice sectors and incorporate psychosocial support for women.
Source: https://www2.unwomen.org/-/media/field%20office%20eseasia/docs/tor/2020/01/20200110_phl_cfp_a2j.pdf?la=en&vs=3309
Another conceptual & contextual meaning comes from oh.chr.org:
"....the standards and norms that are applicable to ensuring that women in conflict with the law are not denied justice services at any stage of the justice chain.
"Using the three programming entry points outlined in the Introduction and Module 1
(creating an enabling environment for women’s access to justice; creating effective, accountable and gender-responsive justice institutions; and legally empowering women), it highlights how these standards and norms can be applied in practice through crime prevention, protection while in detention or prison...."
Source: Women in Conflict with the Law
The Project Method
The ff. common strategy as written in the Philssa project design submitted to UN Women was cascaded to communities in both Quezon City & Davao City in implementing an access to justice project as an intervention to address the fundamental rights of women in conflict with the law:
To empower whole communities thru paralegal training, legal clinics, & connecting communities with a pool of advocates & service providers such as health services, i.e women on probation report to health centers, economic opportunities, & their reintegration to community life.
To engage with justice actors (formal & informal) & legislators at local & national levels for changes in the policy arena for wide impact that will cascade thru line agencies at village/barangay levels &
To demonstrates how women, WICL & communities can access justice, engage with justice actors for empowerment through policy advocacy & community based strategies - in the time of the pandemic ( an added strategy in the time of the pandemic)
The Community Profile: Data on WICL shared by Isabelita Solamo during the March 23 Davao City Local Launch
Source: The DATA on WICL comes from the PHILSSA - UNW Project.
JJCICSI, an implementing partner of the project, developed the research design.
PILIPINA & Tambayan helped develop the template & mobilized data collection in the communities of both Davao City & Quezon City.
a) Common Offenses as gathered by the project partners & shared during the
national WICL Forum in March 10 & during the Davao City launch on March 23, 2021
1. Among the 5 barangays in Quezon City and the two barangays in Davao, the most number of women reported to have committed an offense or violated a law were involved in quarantine violations.
2. With a total of 772 cases in only 4 out of the 7 barangays, this suggests that the way the government has responded to the pandemic has put many women at risk of getting in conflict with the law.
3. A far second was physical injury
4. The third most common offense was drug use or possession, theft and swindling (or estafa). A few cases of child abuse, rioting, vagrancy and adultery were reported
b) Offenses Settled in Barangay
Alleged offenses committed by women which have been settled by the barangay are: physical injury, theft, swindling, collection of debt, rent or money, cyberbullying, harassment, or practically all forms of offenses with the EXCEPTION of drug abuse or possession, and child abuse.
c) Drug Watch List Women comprise a significant proportion, or 11%, of persons in the barangay drug watch list since 2016.
In a barangay in Quezon City as much as 50% or half of those on the barangay drug watch list are women. This suggests that the anti-illegal drug campaign of the government has also put many women at risk of coming into conflict with the law.
d) Government Programs
Government programs that aim to assist families and children of women who either get detained or killed due to the government’s anti-illegal drugs campaign include: financial assistance, provision of food support, livelihood training and, in one instance, educational scholarship through the city’s partnership with a private educational institution.
e) Women in Detention The number of women who had been in detention for at least a day during the past 12 months ranged from a low of 4 (in 2 barangays) to a high of 14 (also in 2 barangays).
In Maa City Jail, a total of 259 women are detained in the facility, 8 of whom have received a conviction and are awaiting transfer to the BJMP. This suggests a big number of women who are detained as their cases are still undergoing trial. The youngest detainee is 20 and the oldest 71.
In a meeting with the Ph representative to the Asean Commission for the Protection of Women & Children (ACWC), Undersecretary of DSWD, PCW, et al., the following was the tenor of the messaging by Isabelita Solamo, representing Philssa as Project Team Leader:
Women in Detention is mentioned in the Magna Carta of Women under Women in Especially Difficult Circumstances.
The data pertaining to congestion at the Correctional Institute of Women (CIW), which is under Bureau of Corrections (Bucor) & Dept of Justice (DOJ) were presented.
Women in CIW are serving their sentence.
As well, women undergoing trial & waiting for the court decision are detained in jails such as the Ray of Hope Village Jail for women in Davao City, which is under BJMP & DILG.
PCW was exhorted that it is best to engage with both the DOJ & DILG on these concerns of congestion.
After the 2 min video presentation about the Ray of Hope Village, it was mentioned that:
a) this jail was made possible in implementation of the Davao City Women & Development Code &
b) that the jail is also a project of women’s groups, particularly, WomeNet & the Transformative Justice
Institute (TJI) & the City Government of Davao.
The policy proposal is that sensitizing the bureaucracy through PCW towards humane conditions of women in detention is in line towards the full implementation of the Magna Carta of Women.
And one way to do this is mainstreaming into local policy through LGUs the provision on Women in Especially Difficult Circumstances found in the Magna Carta of Women.
Part of the message was that Davao City has legislated “Support to Women in Detention” as a provision in the Women & Development Code of Davao City with Implementing Rules. (Section 68, Article 1X, City ordinance #5004 & EO #24.
Therefore, other LGUs may also have the above provision in their GAD Code/Ordinance.
An inquiry was forwarded on what support systems are ready & enforceable at the DSWD for women in detention. USEC Luz Ilagan said that, yes, there are support systems but these benefits must be demanded/requested by women in detention.
And for this, USEC Luz Ilagan offered to discuss this in another meeting.
The Philippine Commission on Women (PCW) Response
1) The Ray of Hope Village Jail in Davao City has already been chosen by PCW as one of PCW’s Local
Learning Hubs & that some PCW staff have visited this women’s jail.
2) Anette Estrera-Baleda, Chief of PCW’s Policy Development, Planning, Monitoring and Evaluation
Division (PDPMED) shared that PCW has recently made initial initiatives in addressing issues of
women in detention.
PCW has coordinated with appropriate agencies to promote observance of the UN Bangkok Rules for the treatment of prisoners & non - custodial measures for women offenders.
PCW has also recommended to the Working Group Finalizing the UN Joint Programme with the Philippines, the inclusion of the BJMP and other law enforcers in capacity development to enable them to address with gender-responsiveness the needs and concerns of women deprived of liberty.
The policy formulation was drafted by Philssa & based on the UN Rules for the treatment of women prisoners & non - custodial measures for women offenders.
(Bangkok Rules)
Likewise, formulation was also vetted by PCW through Ms Anette Baleda, head of PMED, PCW.
The proposed policy recommendation was sent to the Ph representative to the Asean Commission for the Protection of Women & Children:
1)The Ray of Hope Village Jail in Davao City has been chosen by the Philippine Commission on
Women (PCW) as one of PCW’s Local Learning Hubs, but to date, the jail needs improvement &
attention by both BJMP & DILG.
2) For PCW to coordinate with both DOJ & DILG to promote observance of the UN Bangkok Rules
for the treatment of prisoners & non - custodial measures for women offenders.
3.) For the Philippine government to pursue the PCW recommendation to the Working Group Finalizing
the UN Joint Program with the Philippines, the inclusion of the BJMP and other law enforcers in
capacity development to enable them to address the needs and concerns of women deprived of liberty
with gender – responsiveness.
The above results of the meeting with ACWC, PCW, DSWD & Philssa were shared to the project whole team & to Ms Jona Ang of UN Women
Update as of July 24, 2022: Women in Detention is now a project of the Asean Commission for the Protection of Women & Children (ACWC) which was promoted by Dr Lourdesita Chan, the PH Rep to the ACWC as a result of the sharing of this our UN Women - Philssa project on Access to Justice for Women.
A local advocacy pitch in Davao city through PILIPINA- Davao
At the level of Davao City, Isabelita Solamo, as Philssa's Project Team Leader & as Chair of PILIPINA Davao, convened a meeting with our group & Davao City Councilor Pilar Braga last Friday to among others discuss about the deteriorating condition of the Ray Of Hope Village jail since 2016 & as per the research of Dra Jean Lindo's Community Medicine class.
There was a positive response from Councilor Pilar who said that she will meet with Davao City Mayor Sara & she will mention this concern.
Tambayan Center was mentioned as the project’s local implementer in Davao City.
The PILIPINA Davao members, & particularly an Execom member who was active with Tambayan then & one of the founders of the Child Rights Network, are keen to pursue this with Tambayan.
The office of Davao City Councilor Pilar Braga who said that Davao City has funds for this, is also recommending that the project get data from the warden of the Ray of Hope Village Jail on what needs to be fixed particularly on how to address the current congestion, health & sanitation problems at the city jail as determined by the research of the Community Medicine class of Dr Jean Lindo.
Local & Executive Policy Advocacy: Protecting the Rights of Women In
Conflict With The Law & Women Deprived of Liberty Through the Implementing
Rules & Regulations (IRR) of a local ordinance (The 1997 Women’s
Development Code of Davao City as amended in 2022)
There was a July 23, 2021 Consultation Meeting Convened by the Davao City Integrated
Gender & Development Division (IGDD) & the Chair of the City
Legislative Committee on Women & Children
Our A2J project proposed formulation for the section on Women Deprived of
Liberty were presented & ‘screen
shared’ today during the consultation on the
Implementing Rules & Regulation (IRR) of the Amended Women's Development
Code of Davao City.
Our language map on the issue of Women in Conflict with the Law (WICL) will
still have to be approved by the Davao City Legal Team since, this is an IRR
and WICL as a term is not yet found in the amended Women's Development Code.
But, the lawyers of the teams today (IGDD & Legislative Committee on Women
& Children) say that if WICL is part of the definition of terms then
it is one way of introducing WICL as part of the IRR on Women Deprived of
Liberty.
Another track offered by Councilor Richlyn Justol (Chair of Davao City
Legislative Committee on Women & Children) is a separate ordinance on WICL.
This is a welcome move. Still, since ‘Women Deprived of Liberty’ is already in
the provision of the main women’s code/ordinance, an IRR on it is already a
must.
In one of the concluding remarks at the end, our proposed formulation was
officially commended by Dr. Lourdesita Chan, Phil. Representative to the Asean
Committee on the Protection of Women & Children (ACWC) who said that our
proposal on women in detention & incarceration (her words) has undergone a
process among local women leaders & has been elevated to higher government
institutions already. (cf. Phil. Commission on Women (PCW) & Bureau of Jail
& Penal Management/ BJMP)
The Proposed Formulation: *
Protecting the Rights of Women In Conflict With The Law & Women Deprived of
Liberty
a) The rights of all women in conflict with the law (WICL) shall be protected
throughout the justice continuum, including the pre-trial stage, arrest,
detention or imprisonment, and re-integration in the community and society.
b) Speedy trial of their
cases shall be
ensured by all concerned. To
ensure speedy trial of their cases,
free legal
and adequate services, if opted by the
detainee, shall be
given to her by the local government.
Alternatives to pre-trial detention
shall be employed at an early stage as possible.
c) To adequately address the needs of WICL, especially those
deprived of liberty, an appropriate
program shall be
designed to respond to their specific
needs and
issues.
This program for women deprived of liberty shall be guided by international human rights standards such
as the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (“Bangkok Rules” & the “Nelson
Mandela Rules”)
Specifically, the program shall address the following concerns: *
(1) admission requirements
Prior to or on admission, women with caretaking responsibilities for children
shall be permitted to make arrangements for those children, including the
possibility of a reasonable suspension of detention, taking into account the
best interests of the children.
Pregnant women shall also be afforded the same option for suspension of
detention.
If upon medical examination the woman is found to have a health condition, she
shall be provided the necessary medical services and facilities for treatment
and/or rehabilitation.
(2) Health, sexual and reproductive health (SRHR) services
Women deprived of liberty shall be provided access to services and facilities that respond to their gender-based SRHR needs. These include provision of adequate underwear and sanitary pads, hygiene items, gynecological exams, prenatal and perinatal care and treatment, as well as nurseries and breastfeeding facilities for mothers.
(3) living space
Women and men shall be detained in separate structures and spaces.
(4) Issues of congestion & situation of vulnerable populations
(including pregnant women, women with comorbidities, women with disability, and
elderly women) within detention facilities
(5) food
This includes proper diet for pregnant or breastfeeding women prisoners under a
qualified health practitioner’s program.
(6) water and sanitation
(7) safety and security
a) In a prison for both men and women,
the part of the prison set aside for
women shall be under the authority
of a responsible woman staff member who
shall have the custody of the keys
of all that part of the prison.
b) No male staff member shall enter the part of the prison set aside for women unless accompanied by a woman staff member.
c) Women prisoners shall be attended and supervised only by women staff
members. (except for male staff
members, particularly male doctors and male
teachers)
(8) Reintegration
This includes education, skills training, and other similar services given to
women deprived of liberty while they’re waiting for or serving their sentence,
as well as facilitation or provision of employment or livelihood opportunities
while in the facility, & continuing with community-based support for
reintegration after detention or imprisonment.
* with inputs from Ms Jona Marie Ang
& Luz Canave
Concluding Remarks
Women leaders in the communities which will be trained as paralegals will be the front liners in the defense of women in conflict with the law.
Empirically verifiable data from the communities are crucial in appropriate messaging & promoting policy recommendations to the Philippine bureaucracy.
The project’s study indicated that the majority of the women in the target communities who were reported to have violated a law were about quarantine violations. A simple analysis will point to the reality that women need to work & being locked in quarantine facilities denies them their daily subsistence.
There is a need to conflate socio – economic variables to the plight of women in conflict with the law.
The messaging about WICL based on realities on the ground will be an important ingredient in engaging with government agencies: DSWD for support services as one of the desired interventions for WICL & for the PCW to exhort CHR, DOJ & DILG in charge of jails & detention centers to observe the Bangkok Rules in the treatment of prisoners & for developing mechanisms for non – custodial measures for women.
* This PHILSSA project is supported with funds from UN Women
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