Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia

Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia

Andy Copada Alegre

University for Peace

Foundation Course on Human Rights Law

DIL 6059

22 November 2016
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
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Introduction

The World Economic Forum (WEF) reported in its Global Gender Gap Report of
2016 that the Philippines is the world’s seventh most gender-equal society among 144
economies and remained the highest-ranked country in the Asia and the Pacific Region.
The report ranks 144 countries on the gap between women and men on health and
survival, education, economic participation and political empowerment. It aims to
understand whether countries are distributing their resources and opportunities
equitably between women and men, irrespective of their overall income levels. Out of
the 114 countries, only Philippines and New Zealand belong to top 10 which is mostly
dominated by Nordic countries. Moreover, according to the report, East Asia and the
Pacific has a remaining gender gap of 31.7%.

The report for the Philippines is encouraging as this can be attributed to the
significant social reform and legislation for the rights of women in the government. The
government and civil society in the country continue its efforts in protecting women’s
rights such as the passage and implementation of the Magna Carta of Women (2009).
This law is the Philippine government’s pledge of commitment to the Convention on the
Elimination of All Forms of Discrimination against Women's Committee (CEDAW,
2006). Moreover, the law also was a commitment of the government to the UN Human
Rights Council on its first Universal Periodic Review in 2009. However, other Southeast
Asian countries including Timor-Leste which have ratified CEDAW need also to rise up
in rankings since all ASEAN countries have also endorsed the Beijing Platform for
Action (BPFA). The Security Council Resolution 1325 and 1820 on Women, Peace and
Security finds also unequivocal acceptance in the region (UNIFEM, 2009).
Furthermore, all these countries have endorsed the Millennium Declaration, the
Millennium Development Goals and the Paris Principles of the New Aid Modalities

UN Women reports that two years ago, the Global Gender Gap Report found that
the ASEAN countries as a whole were making progress on ensuring that women are not
held back in economic participation and opportunity, education, health and survival,
and political empowerment. In the nine countries for which data was available (the
exception was Myanmar), the report found an average gap of 30.7%, compared with
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
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31.1% for the 2013 report. Roberta Clarke, Regional director for UN Women’s Asia-
Pacific regional office reported in 2014 a progress has been made in the last 20 years for
women’s rights since the Beijing Platform for Action, but also believes in a huge
implementation gap. Despite notable progress, much more needs to be done for women
and girls in ASEAN so that women may live free of violence and enjoy the freedom to
make their own decisions on every aspect of their lives.

This paper will gather and analyse how the CEDAW made an impact in the
Philippines and in South East Asia. Moreover, this will also provide the current
challenges by the ASEAN Region in its implementation of legislations and programs
that protect, promote and fulfil the rights of women in the region.

Philippines and Its Commitment to CEDAW

CEDAW is described as the international bill of rights for women which entered
into force in September 3 1981. But before CEDAW came into effect, the Philippines has
signed it on July 15, 1980 and ratified it on August 5, 1981, the first ASEAN country to
do so (PCW, 2016). The Philippines also ratified the Optional Protocol to the CEDAW on
November 12, 2003. This showed how Philippines fully committed herself to this
significant treaty. In compliance with the obligations of States Parties, the Philippines,
over the last 2 decades has submitted six State reports to the CEDAW Committee, with
the most recent 5th and 6th combined reports examined at the 36th session in 2006.

After 35 years since its adoption, 189 states have ratified CEDAW which includes
the Southeast Asian nations (UN Women, 2016). The Philippines’ local translation of
the provisions of the CEDAW is the Magna Carta of Women (RA 9710, 2009). The
Magna Carta contains the provisions in defining gender discrimination, state
obligations, substantive equality, and temporary special measures. This law also
recognizes human rights guaranteed by the International Covenant on Economic, Social
and Cultural Rights (ICESCR). This law provides that the Philippines government must
"ensure the substantive equality of men and women" and mandates the State to take
steps to review, amend or repeal existing laws that are discriminatory towards women
(RA 9710, 2009).
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Aside from RA 9710 or Magna Carta of Women, the country had adopted plans
and legislations in its compliance to CEDAW: Women in Development and Nation-
Building Act of 1992, the Philippine Plan for Gender-Responsive Development 1995-
2025, The Magna Carta’s Implementing Rules and Regulations (IRR) formulated in
2010, Anti-Violence Against Women and Their Children Law of 2004, the Domestic
Workers Act of 2013 (UN Women, Asia-Pacific, 2014). However, issues on feminisation
of migration and poor bilateral agreements and memorandum of understanding
between countries and regions Filipino women migrate to continue to persist (PCW,
2014). This is further exacerbated with the implications of free trade, which negatively
impacts employment opportunities for women in rural and remote areas (UN Women,
2016). Unemployment rates and unequal wage gaps are prominent for women within
the working sphere. Due to the overrepresentation of women in the informal economy,
women are stigmatised, and often ineligible for social security and health care. There is
also limited access to justice and impunity in cases of violence which often occur in
conflict zones.

There are 1.2 million Filipino women working overseas (Philippine Commission
on Women, 2012). Women workers pursue employment opportunities through informal
channels, and are subsequently victims of various forms of exploitation, violence and
trafficking. In the latest statistics, International Labor Organization estimates that
60,000 to 100,000 Filipino children, and as many as 400,000 women are trafficked
each year (Philippine Star, 2014). Trafficking had been a rising trend in the Philippines
and the region in the past decade. The Anti-Trafficking of Persons Act of 2003 was
passed (RA 9208) to address this problem. To further strengthen and institute policies
to eliminate trafficking in persons especially women and children, the Expanded Anti-
Trafficking in Persons Act of 2013 was made into law. Trafficking is an issue currently
faced by women especially in the sex industry.

Some relevant elements of the Magna Carta of Women include increasing the
number of women in third level positions in government to achieve a fifty-fifty (50-50)
gender balance within the next five years while the composition of women in all levels of
development planning and program implementation will be at least 40 percent; leave
benefits of two (2) months with full pay based on gross monthly compensation for
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
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women employees who undergo surgery caused by gynecological disorders, provided
that they have rendered continuous aggregate employment service of at least six (6)
months for the last twelve (12) months and non-discrimination in employment in the
field of military, police and other similar services that include according the same
promotional privileges and opportunities as their men counterpart, including pay
increases, additional benefits, and awards, based on competency and quality of
performance (PCW, 2016). Philippines was the first in Asia to implement paid maternal
leaves.

In addition to guaranteeing substantive rights, the law have established the

responsibility of the government to take actions in order to end discrimination against
women. It provides that the Philippines government must “ensure the substantive
equality of men and women" and mandates the State to take steps to review, amend or
repeal existing laws that are discriminatory towards women (RA 9719, 2009).

Women in Southeast Asia and CEDAW Challenges

To date, CEDAW has been ratified by 189 countries. Despite widespread

ratification of the Convention, however, full implementation of its provisions has
lagged. Concluding Observations by the CEDAW Committee, the 15-year Review of the
Beijing Platform for Action in 2010 (Beijing+15), and the reviews of the achievements of
the MDGs all stress that State Parties need to improve the implementation of CEDAW in
order to make gender equality reality (UN Women Asia and the Pacific, 2016).

In a study by Anderson et. al. (2008), they reported that countries of Indonesia,
Laos, Malaysia, China, Vietnam, Philippines, Thailand, and Cambodia made
enforcement of CEDAW continues to be a pertinent issue and governments and civic
organizations are still working to strengthen its implementation. In their study, they
have identified pressing issues that women face in Southeast Asia such as domestic roles
and violence, reproductive health and rights, the economy, and education (Anderson,
2008). These problems continue to persist until today which widens the gender gap in
Southeast Asian countries.
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In labor, women in Asia Pacific face a labor market that offers them lower wages
and lower quality jobs than those for their male counterparts, a disparity largely
influenced by how women allocate their time between market and nonmarket activities
(ADB, 2015). Additional surveys suggest that, relative to men, women are often
perceived to have lower skills for the labor market (ADB, 2015). This supports that in
some Asian countries, social norms that emphasize domestic work as the primary
responsibility of women constitute a significant constraint to their social activities and
mobility.

The roles of working women also vary. Income and socio-economic status
differentials are still prevalent in Southeast Asian countries. Even though the number of
women acquiring an education, getting good paying jobs, and becoming prominent is
increasing, the demand to hire low-wage female labour for domestic work in houses and
businesses, which tends to be less in the limelight, is also rising. A large number of
female international migrants who are poor/unskilled and undocumented travel across
borders from lower-income countries to higher income countries in the region—making
Southeast Asia both a sending and a receiving migrant region. For example, Thailand
receives a large number of domestic female workers from Lao PDR and Myanmar, while
Singapore and Malaysia receive migrants from the Philippines and Indonesia. This
trend reflects inadequate jobs in poor areas/countries as well as a demand for women in
this type of work in higher income countries. The large number of female migrant
domestic workers in Southeast Asia is consistent with the situation in the Asia Pacific
region, where about one-third of female employment is in private households. Domestic
work is also the largest driver of labour migration for women trying to escape poverty in
the region. However, women risk being exploited throughout the distance of their
journey (i.e. from middle-men/brokers, police or related cross-border officials,
transporters, etc.) and at households (by employers). Women are also at risk of possible
violence from involved parties during travelling as well as domestic violence at
houses/workplaces.

To address the stereotype issues, the Southeast Asian countries are applying
strategies such as education, legal framework and changes within the media. As a result
of CEDAW, most countries in South/Southeast Asia and China have created laws that
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
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imply a high level of equality among men and women. Vietnam has created laws and
policies such as the Marriage and Family Law to ensure equality, especially on shared
land-use rights by declaring that all valuable properties owned by Vietnamese must be
registered in the names of the husband and the wife. Vietnam also strongly emphasizes
men’s responsibly in family planning and emphasizes men sharing the burden of
domestic work (CEDAW Vietnam Country Report). Most Southeast Asian countries
have enacted legislation or amendments that directly connote the equality women and
men (UN Women Asia Pacific, 2014). Gender inequality in Vietnam, is exacerbated by
government control mechanisms such as the household registration permit or ho khau
(Vietnam Country Report, 2015).

World Bank analysis indicates that sixty percent of all Asian women have been
assaulted. According to CEDAW, in Vietnam, eighty percent of women have suffered
from some type of domestic violence. The high frequency of domestic abuse in Southeast
Asia is directly correlated to Southeast Asian gender stereotypes and the cultural
importance of the patriarchal family. In accordance with the traditional patriarchal
family, women are supposed to submit to men where wives submit to their husbands,
and daughters submit to their fathers. Hence traditional Southeast Asian culture does
not view domestic violence as a problem. In Some Southeast Asian countries such as
China and Cambodia domestic violence is viewed as a common aspect of the culture
(CEDAW Cambodia/China Country Reports). Additionally, if South Asian traditional
culture does view domestic violence as a problem, the abuse is a private issue among the
family instead of an issue to address publicly. Women’s traditional stereotypes also
prevent women from reporting domestic violence. Reporting domestic violence
incidents can result in shame and is culturally viewed as failure of the women to be a
good wife, thus not only bringing shame to their immediate family but also to their
father and mother. Even when confronted, women will deny they are being domestically
abused.

To address these issues under article 5 of CEDAW, Southeast Asian countries

have relied heavily on new legal framework. Most Southeast Asian countries added laws
that addressed domestic violence and punishments for violators. The Philippines passed
the Anti-violence Against women and laws that penalized rape and sexual assault.
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
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Malaysia passed a Domestic Violence Act providing protection for battered and abused
women including restraining orders for those being abused and the option to re-enter
the residence with an officer to collect belongings. They are also offered the right to
regularly use a vehicle (CEDAW Malaysia Country Report). Southeast Asian countries
have also adopted programs to coincide with the legal actions addressing domestic
violence. In Thailand’s CEDAW report, it states that the Thai government has endorsed
eight measures towards solving domestic violence including the suppression of
pornography, involvement in sex education, improvement of services to victimized
women, and quickening the process of establishing centers for assisting women in crisis
in public hospitals.

In the areas of Southeast/East Asia, most countries have generally tried to

improve the education system for men, women, and people in rural and urban areas
equally according to CEDAW. Asian culture does not value women’s literacy. In
addition, women had to be submissive to their husbands or sons. So, education for
women was not a primary concern for their lives. However, the idea, which says that
women should stay at home for the household’s sake, has been changing and the
governments have actually noticed that women also need education for their society as
they begin to understand the economic impact women have as well. Overall, there
should be more schools, and then it would be easy to access education for everybody.

Primary school education is nearly universal in many countries of East and

Southeast Asia—both for boys and for girls. Women’s enrolment in secondary school has
increased dramatically since the 1960s throughout the region, and, in many countries,
the traditional gender gap in secondary school enrolment is gradually disappearing
(East West Center, 2000). Obtaining vocational skills and academic qualifications is far
more possible than hitherto as Southeast Asian women gain greater access to education.
With the exception of Cambodia and Laos, the numbers of women progressing to post-
secondary training is also rising, and in Brunei, Malaysia, Thailand and the Philippines
there are more female graduates than males; the rates for Vietnam and Indonesia are
almost equal. The expansion in education has contributed to the blossoming of female-
oriented Non-Governmental Organizations (NGOs) since the 1980s, which have given
the knowledge and organization skills that equip them to argue for issues.
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
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Southeast Asia has a complex brew of customary laws, practices and
constitutional provisions that represent a key factor behind the subordinate status of
women (UNDP HDR, 2010). Logistical and technical gaps in infrastructure and civic
amenities plague the entire region, even the developed countries, especially in the rural
areas, which make participation of women in public life, difficult, even hazardous.
Where development takes place, several women get affected, especially in large projects.

In Asia-Pacific, fundamentalism, globalization and militarization have

intersected with patriarchy to impact women multi-dimensionally. In a study by AWID,
over two-thirds of women’s rights activists surveyed, regard religious fundamentalism
as obstructing women’s rights more than other political forces (Balchin, 2011). This
supports that women are still at a disadvantaged when given opportunities.

Conclusion

CEDAW is the key instrument for women empowerment and gender equality in
the region, as all states have signed or ratified it and participate in the reporting process.
And while the Philippines is known to be the most gender-balanced society in Asia and
Southeast Asia, surrounding countries still continues to strive in implementing laws and
mechanism to protect the rights of women that would create a gender-balance
opportunities. Southeast Asia has varied cultural attitudes and beliefs that contribute in
preventing the passage or implementation of legislations. Gender gaps persist also,
particularly with regard to disparities in girls’ education, unequal access to economic
opportunities, lower labor force participation, differences in household and societal
decision-making. These gender gaps are exacerbated by legal discrimination against
women. Where there are laws providing equal rights, they are not always known,
implemented nor adequately enforced. However, these attitudes are changing among
the younger generation due to the access of information and education. This will
improve the advancement made toward women empowerment and gender equality.
With continued efforts to make women and girls aware of their rights under CEDAW,
the future of Southeast Asia looks promising.
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References:
Andaya, B. (2015). Asia Society. Women in Southeast Asia. Retrieved from
http://asiasociety.org/education/women-southeast-asia
Anderson, K., Arvidson, T., Hagiwara, T., et al (2008). Challenges to Implementing CEDAW in
Southeast Asia.
Asian Development Bank. (2015). Women in the Workforce: An Unmet Potential in Asia and the
Pacific. https://www.adb.org/sites/default/files/publication/158480/women-
workforce-unmet-potential.pdf
Asia Pacific UN Women. (2016). Retrieved from http://asiapacific.unwomen.org/en/news-and-
events/stories/2016/05/cedaw-and-sdg-implementation
Balchin, C. (2011). Towards a Future without Fundamentalism: Analysing Religious
Fundamentalist Strategies and Feminist Responses. Association for Women’s Rights in
Development (AWID). Retrieved from
https://www.awid.org/sites/default/files/atoms/files/towards_a_future_2012.pdf
Congress of the Philippines. Anti-Trafficking in Persons Act (2003). Retrieved from
http://www.gov.ph/2003/05/26/republic-act-no-9208-s-2003/
East West Center. (200). The Changing Status of Women in Asian Societies. Retrieved from
http://www.eastwestcenter.org/fileadmin/stored/misc/FuturePop05Women.pdf
Pasqual, L. (2009). Time for Action: Implementing CEDAW in Southeast Asia. United Nations
Development Fund for Women (UNIFEM). Retrieved from http://unwomen-
asiapacific.org/docs/cedaw/archive/timeforaction/1_Forward_and_Intro.pdf
Philippine Commission on Women. (2016). Retrieved from
http://www.pcw.gov.ph/statistics/201405/statistics-filipino-women-and-mens-
overseas-employment
The Philippine Star (2014 December 22). Violence and Violations: OFW and Human Rights.
Retrieved from http://www.philstar.com/opinion/2014/12/22/1405360/violence-and-
violations-ofws-and-human-rights
UN Women Asia and the Pacific. (2016). Regional Programme on Improving Women’s Human
Rights. Phase II. Retrieved from http://asiapacific.unwomen.org/en/focus-areas/cedaw-
human-rights/cedawseap2
United Nations. (2006). Committee on the Elimination of Discrimination Against Women
(CEDAW). Philippine Country Report. 36th Session. Retrieved from
http://www.pcw.gov.ph/sites/default/files/documents/resources/cedaw_concluding__
comments.pdf
 Impacts and Challenges of CEDAW in the Philippines and in Southeast Asia
11
United Nations. (2015). Committee on the Elimination of Discrimination Against Women
(CEDAW). Vietnam Country Report. Retrieved from
http://www.queme.net/eng/doc/VCHR-FIDH-Alternative-Report-on-CEDAW-
Vietnam-2015.pdf
Widiadana, R. (2014 November 17). Jakarta Post. Much works remain in gender-equality in Asia
Pacific. Retrieved from http://www.thejakartapost.com/news/2014/11/17/much-work-
remains-gender-equality-asia-pacific.html
Zarocostas, J. (2014 May 13). McClatchy. US alone among Western countries on lack of paid
maternity leaves. Retrieved from: http://www.mcclatchydc.com/news/nation-
world/national/economy/article24767560.html