Professional Documents
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PRESENT:
HON. GUILLERMO Y. DE LA LLANA
Presiding Officer
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AN
WHEREAS,
The
Fourth
World
Conference
on
Women
Platform for Action provides that the principle of shared power and responsibility should
be established between women and men at home, in the workplace and in the wider
national and international communities. Equality between women and men is a matter of
human rights and a condition for social justice and is also a necessary and fundamental
prerequisite for equality, development and peace. A transformed partnership based on
equality between women and men is a condition for people-centered sustainable
development. A sustained and long-term commitment is essential, so that women and
men can work together for themselves, for their children and for society to meet the
challenges of the twenty-first century;
WHEREAS, Article II, Section 14 of the Philippine Constitution explicitly
stipulates the fundamental equality between women and men to wit: "The State
recognizes the role of women in nation-building and shall ensure the fundamental
equality before the law of women and men;
WHEREAS, Republic Act 7192 promotes the integration of women as full and
equal partners of men in development and nation building;
WHEREAS, notwithstanding the passage of Republic Act No. 6725, which
prohibits discrimination against women in employment, promotion and training
opportunities, the 2002 October round of the Labor Force Survey revealed that the labor
force participation rate was higher among men (78.1%) than women (50.1%) in western
Visayas.
WHEREAS, the Philippines, despite being the signatory to the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) and the
significant gain at the international level with the affirmation of women's rights as human
rights at the World Conference on Human Rights in 1991 (Vienna), endures a widespread
social problem on domestic violence;
WHEREAS, according to the Regional Women and Children's Concern Section,
Philippine National Police, Physical injury/ wife battering recorded the most common
type of abuse against women comprising 26.9% of all reported cases in Western Visayas
in 2004;
WHEREAS, according to the Report of the Office of Women and Children
Concern Section, Iloilo City Police Office there are 1,074 cases of violence against
women and other forms of domestic violence accounted from January to December 2005;
WHEREAS, there has been no pre-existing local ordinance upholding the rights
of women in the City ofiloilo;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Iloilo
City, that:
ARTICLE I
Title, Statement of Policy and Definition of Terms
Section 1. Title. This ordinance shall be known and cited as the "Gender and
Development Code ofiloilo City," hereinafter referred to as the Code.
Section 2. Statement of Policy. The Code is an indelible blueprint - a concrete,
manifestation of the City Government's strong adherence to the time - honored
democratic tenet that men and women in a civil society are equal. This significant
initiative is aimed at mainstreaming women's concern, ensure the fundamental equality
before the law of men and women; open a wider arena for their active participatory role
in the development process, and provide them equal opportunities.
The legal basis of this Code is defined and declared by the United Nations, to wit:
a) Women have the right to the prevention of, and protection from all forms of
violence and coercion against their person, their freedom, their sexuality, and
their individuality.
b) Women have the right to freely and fully participate individually or
collectively in the political process of their communities and nations.
c) Women have the right to the means for assuring their economic welfare and
security.
d) Women have the right to the necessary knowledge and means for the full
exercise of their reproductive choice, according to their beliefs and
preferences.
e) Women have the right to choose a spouse in accordance with their values and
preferences, maintain equality in marriage or its dissolution, and obtain
adequate support for rearing and caring-of their children.
t) Women have the right to an adequate, relevant and gender fair education
throughout their lives, from the childhood to adulthood.
g) Women have the right to adequate nutrition and proper health care.
h) Women have the right to humane living conditions.
i) Women have the right to nurture their personhood, collectively and
individually, to secure an image of themselves, as whole and valuable human
beings, to build relationships based on respect, trust and mutuality.
j) Women have the right to equality before the law in principles as well as in
practice.
The Code will proVide the City Government a framework on gender
mainstreaming that will, among others:
1. Mainstream gender concerns in sectoral development plans, policies and
programs;
2. Intensify advocacy campaign on gender issues and concerns through
programs, IEC materials, gender-based trainings, etc.;
3. Strengthen GO-PO-NGO partnerships to maximize the effectiveness of
programs and services addressing Gender and Development (GAD) concerns;
4. Encourage, support and expand the participation of community-based women
in the planning, implementation, monitoring and evaluation of development
programs and projects.
ARTICLE II
Gender Mainstreaming
This Code shall consider the four (4) entry points in gender mainstreaming in the
determination and formubltion of the different options and/or strategies to be adopted in
the realization of the objectives being defined in Article 1 Section 2.
Section 1. On Policy. Coqsistent with the provisions of Republic Act 7192 or the
Women in Development and Nation building Act and Section 14, Article Il of the 1987
Philippine Constitution which states that " the State recognizes the role of women in
nation building ad shall ensure the fundamental equality before the law of women and
men"", the following policies shall be implemented under this Code.
1.1 The City Government of Iloilo shall adopt the existing international and
national policies consistent with the aspirations of its people towards social
equity and gender empowennent.
1.2 The City shall establish Gender and Development (GAD) structures, systems
and mechanisms to facilitate and sustain gender mainstreaming.
1.3 The City shall strictly enforce, implement and continuously monitor and
review the GAD policies, programs and projects to be implemented under this
Code.
2.1 The City shall create a GAD structure to oversee the overall
implementation of the different policies, programs and projects under this
Code. Whenever necessary existing and or potential offices within the
administrative supervision of the City shall be strengthened and the
necessary human resource requirement be provided for.
2.1.1
Gender Multi-Sectoral Coordinating Council. A Gender MultiSectoral Coordinating Council shall be created within 60 days after
the effectivity of this Code by the City, composed of duly
accredited NGOs, POs and QOs that shall serve as the coordinating
and advisory body of the City in designing programs geared
towards gender and youth development, promotion and protection
of ecological balance and shall be formally and regularly consulted
on peace and development issues on the basis of social equity and
justice.
2.1.2
2.1.3
2.1.4
Inter-Agency Council Against Human Trafficking. An InterAgency Council against gender trafficking shall be operationalized
and strengthened in Iloilo City with the following powers and
functions:
a. Formulate a comprehensive program to suppress the trafficking
of men, women and children,
2.2.2
3.4.2
3.4.2
3.5.1.2
3.6.2
City Media Monitoring Board. There shall be created the City Media
Monitoring Board for print, broadcast and multi-media, to include
movie houses, video shops, electronic communications, cable
televisions, books, and other forms of audio-visual channels or
instruments, to monitor and initiate filing of appropriate cases against
activities degrading men and women.
programs.
ARTICLE IV
Labor and Employment
Section 1. Equal Access to Employment, Training and Promotion. No one
shall be denied of employment opportunity on account of gender, age, ethnicity, creed,
religion and civil status as prescribed in the labor code, as amended by RA 6725.
Likewise, no one shall be denied of training and promotion in employment.
Section 2. Facilities and Support Systems for all Employees. The City
Government of Iloilo shall ensure the safety and health of women employees. In
appropriate cases, employers shall:
a. Establish separate rest rooms, lavatories and lounges for men and women.
b. Establish Homecare Center in the workplace to temporarily cater
breastfeeding, childrearing and early childhood care for working parents while
on their respective job.
c. Provide facilities for better working conditions e.g. seats for employees (sales
clerks), proper ventilation and lighting.
Section 3. City-Based Registration of House Helps. The City shall ensure the
welfare of both domestic helpers and their employers, as well as monitor cases of sexual
harassment, sexual abuse and other forms of maltreatment. Households shall be required
to enlist their house helpers for identification and for other purposes. Employers must
provide their house helpers recreation/day-off at ferms conditions mutually agreed by
both parties concerned.
ARTICLEV
Right to Health
Section 1. Reproductive Health Care Delivery. The City shall adopt the
reproductive health (RH) care approach at all levels of health care delivery. Such
approach integrates many issues not previously considered central to population:
sexuality, reproductive tract infection, gender power relations and domestic violence and
shall not be limited to family planning and child bearing.
Section 2. Women's Right Over Their Bodies. Women's decision to prevent
and control pregnancy shall be given appropriate support and guidance by all health
professionals, private and public at very minimal cost.
ARTICLE VI
Right to Education
Section 1. Training of Teachers. The City Government shall provide funds for
GAD Training of Teachers in forms of GST, VAWCI, integration of GAD in the
curriculum and the use of teaching exemplars. These trainings will be conducted on nonschool days , preferably vacation time.
4. Economic abuse- refers to acts that make or attempt to make a woman financially
dependent which include, but is not limited to the following:
a. Withdrawing of financial support or preventing the victim from engaging in
any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious or moral grounds as
defined in Article 73 of the Family Code;
b. Deprivation or threat of deprivation of financial resources and the right to the
use and enjoyment of conjugal, community or property owned in common;
c. Destroying household property; and
d. Controlling the victims' own money or properties or solely controlling the
conjugal properties or money.
Section 2. Pursuant to Section 5 of RA 9262, the crime of violence against
women and children is committed through any of the following acts:
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or throw intimidation directed against the woman or her child
or her /his immediate family;
Section 3. Penalties. The crime of violence against women and their children, as
outlined in the preceding section, shall be punished according to the rules set by Republic
Act No. 9262.
To establish or carry on a business which has for its purpose the matching
of Filipino women for marriage to foreign nationals either on a mail-order
basis or through personal introduction;
b.
c.
d.
Section 7.1 Penalties: Any person who shall keep or have in his
company a minor, twelve (12) years or under or who is ten (10) years or more
his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort, or similar places shall suffer the penalty of prison mayor in its
maximum period and a fine of not less than fifty thousand pesos (P50, 000):
Provided, that this provision shall not apply to any person who is related
within the fourth degree of consanguinity or affinity or any bond recognized
by law, local custom and tradition, or acts in the performance of a social,
moral or legal duty.
Any person who shall induce, deliver or offer a minor to anyone prohibited by
this Act to keep or to have in his company a minor as provided in the
preceding paragraph shall suffer the penalty of prison mayor in its medium
period and a fine of not less than fifty thousand pesos (P50,000): Provided,
however, that should the perpetrator be an ascendant, step parent or guardian
of the minor, the penalty to be imposed shall be prison mayor in its maximum
period, a fine of not less than fifty thousand pesos (P50,000), and the loss of
parental authority over the minor (RA 7610).
Section 8. Pornographic Materials. It shall be unlawful for any person to print,
publish, display or distribute scenes from TV shows or motion pictures, posters,
billboards, literature and other visual materials that treat women sex objects or
commodities. Violators shall be dealt with in accordance with law.
Section 9.Indeeent Shows. Indecent shows, as used in this Code include nude
and other provocative shows, public or private, which exhibit women and children as sex
objects. As such, it is violation of human rights to influence or force men, women and
children to dance naked in public or private places for commercial or entertainment
purposes. Persons or agencies Rgaging in such shows, public or private, shall be
penalized in accordance with law.~
Use of postal services, cyberspace or satellite TV to promote the abovementioned prohibited acts.
a. To buy or sell a woman, or any of her body parts.
b. To act as procurer of a sex worker.
c. To threaten or use violence or force on a woman to become a mailorder bride.
Section 12.Penalty- Penalty for the commission of these acts shall be dependent
on the prevailing pertinent laws and regulations.
..
Page 21. Regulation Ordinance No. 2006-087 17 May 2006
Section 2. Supplementary Clause. On the matter not provided for in this Code,
any existing applicable laws and their corresponding implementing rules and regulations,
executive fiats and relevant issuances issued shall apply in supplemental manner.
Section 3. Effectivity Clause. This Code shall take effect upon compliance of the
mandatory posting and publication requirements prescribed under Republic Act No.
7160, otherwise known as the Local Government Code of 1991.
ENACTED, 17 May 2006.
I hereby certify to the correctness of the above-quoted regulation ordinance.
COUNTERSIGNED BY:
JE
AS
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... MAY 3 0 2006
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