September 15, 2009
Deciphering the Magna Carta of Women
After seven years of legislative debate, Philippine President Gloria Macapagal-Arroyo signed into law Republic Act 9710 or the Magna Carta of Women last August 15, 2009.
The Magna Carta guarantees the rights and freedoms of all women especially those in the marginalized sector. It also grants equal opportunity to information, education and resources, and seeks to eliminate all forms of violence against girls and women. It also translates into law the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) also known as the International Bill of Rights for Women.
While the passage of the Magna Carta is a huge milestone in breaking away from patriarchy and misogyny, women activists and advocates will tell you that this is no time to sit on our laurels. The need for vigilance continues with the mammoth task of drafting the Magna Carta’s Implementing Rules and Regulations (IRR), which will be the guidelines for the realization of this law. It is crucial that the IRR will hold the same aspirations and spirit by which the provisions of the Magna Carta were drafted.
HerWord talked to women’s rights activists Anna Leah Sarabia, executive director of Kalakasan and Women’s Media Circle, and Ana Maria R. Nemenzo, national coordinator of WomanHealth Philippines, about the relevance and meaning of the Magna Carta.
What is the Magna Carta of Women (MCW)? How can we use the provisions of the MCW to empower ourselves?
Nemenzo: The MCW is a substantial framework for the rights of women anchored on human rights. It provides a framework of what women are entitled to and what they can fight for. It recognizes that there are indirect and direct forms of discrimination against women and sets standards by which we assess how women’s rights are violated. It also lays down what is expected of government in its duty to protect and uphold women’s rights.
How does the Magna Carta empower women?
Sarabia: With the passage of the Magna Carta of Women, gender equality is now a national policy.
Resources at all levels of government have to be allocated for the empowerment and protection of women and girls, the provision of women-friendly programs and the training of local officials for their proper establishment and implementation.
Equal opportunities will be afforded to all women regardless of religious beliefs, cultural traditions or unscientific superstitions.
Harassment and abuse, in word or in action will no longer be tolerated under any situation.
Education will not be denied to adolescent girls or unmarried women who have gotten pregnant because they were seduced, sexually molested and impregnated by family members, friends or strangers, or outside of marriage.
What about the other outdated laws that clearly discriminate against women which are not yet included in the Magna Carta such as the different definitions of infidelity for men and women, or the right to reproductive self-determination?
Nemenzo: It is true that the Church is still reluctant to pass the Reproductive Health bill which will give women access to services and information on reproductive health. It (these rights) will not be given on a silver platter; you will have to fight for it. We have to challenge it—step by step. So while we still have to go through a legislative process to repeal discriminatory provisions in existing laws one by one, now, the Magna Carta will be the framework for that
Now that the Magna Carta is a law, what can women do to ensure its proper implementation?
Sarabia: Women should speak up when they see or experience discrimination and abuse. They should no longer keep quiet and allow discrimination to be normalized.
The strength of the MCW relies a lot on the strength and presence of women’s NGOs to ensure that it is implemented correctly, and yet it is not clear whether or not the government will allocate funds for NGOs who have already been doing this kind of work for years. Hopefully, that is something that will be addressed in the IRR.
Nemenzo: Women should study the provisions of the Magna Carta to know how they can assert their rights, reach out to other women, organize, and continue to be vigilant.
Where can a woman go to report violations of the Magna Carta?
Sarabia: They should go and report violations to their police barangays, a women’s NGO, or get a lawyer. They can also go to the Commission of Human Rights (CHR).
Nemenzo: The NCRFW (National Commission on the Role of Filipino Women), along with the CHR (Commission on Human Rights), has oversight on implementation of the Magna Carta. They have to make a report every three years to evaluate how the law is being implemented, as well as its effectiveness, and provide recommendations.
Ana Maria R. Nemenzo is the national coordinator of WomanHealth Philippines , an organization that promotes, advances and defends women’s rights to health, reproductive self-determination and sexuality towards women’s empowerment in society.
Anna Leah Sarabia is the executive director of Kalakasan Kababaihan Laban sa Karahasan Foundation, Inc. Kalakasan, a women's rights organization committed to the protection and safety of women and girls through the elimination of violence and abuse. Sarabia is also the Founder of The Women’s Media Circle Foundation (WoMedia) a non-stock, non-profit organization of women working for the empowerment of women and girls through the media and communication arts.
Ana Santos is a freelance journalist and columnist. She is a staunch women's rights activist and writes about gender issues and relationships in her weekly newspaper column as well as other magazines. She has also written about women and children of armed conflict in Mindanao for the foreign news wires. Ana's work may be viewed on www.anasantoswrites.com.
|
E-mail this to a friend
Printer-friendly version
