A Call to Rage Against Rape and Vow to Fight VAW

PrivilegeSpeech

GabrielaWomen'sParty Rep. Luzviminda C. Ilagan

24November2010

Mr.Speaker,I rise today on a question of personal and collectiveprivilege on theoccasion of the International Day for theElimination of All forms ofViolence Against Women. I would like tocall attention to the alarmingincrease in the incidence of violenceagainst women, the pervasivenessof rape and sexual abuse and theresponsibility that the governmentmust assume in this terriblesituation of women in our country.

Itwas barely two months ago on September 25, when a 21year-oldvolunteer nurse, Florence, was found naked and unconscious,brutallybeaten, left for dead, in Barangay Timanan, South UpiinMaguindanao. Seven suspects were arrested and subjected to DNAtests,all revealing negative results. Yet one suspect continues toevadearrest and DNA testing. South Upi Vice Mayor Jordan Ibrahimhasadamantly refused to give samples of his DNA. Is he so powerfulthathe continues to remain free to this very day, challenging the armofthe law tasked to bring justice to helpless victims?

Mr.Speaker,distinguished colleagues, Vice Mayor Jordan Ibrahim is notthe onlypublic official accused of rape in recent weeks. Rapecharges havebeen filed against Mindoro Board Member Patrick delaRosa in Octoberwhile Mayor Jose Rodriguez of San Marcelino, Zambaleswas accused ofraping a 12-year old in August of this year.

Itisa source of shame that the objects of these complaints are governmentofficials who swore to serve and uphold the law.

ThePhilippineNational Police Women and Children Protection Centerreports aconsistent increase in the number of rape cases beingreported yearafter year. There have been 2,402 rape cases reportedin 2007; 2,935in 2008 and; 3,018 in 2009. In the first half of 2010,rape cases havealready reached 1,724. Rape cases hog the headlinesof tabloids dayafter day.

Mr.Speaker,distinguished colleagues, the cases that I have mentionedand thesestaggering statistics all indicate a weakness, nay, adismal failureon the part of the Philippine government to addressrape and violenceagainst women head on. On several counts, thegovernment must be heldresponsible.

AccordingtoMIGRANTE International, at least 50% of the cases being broughttotheir attention year after year are cases of rape,sexualmolestation, harassment and other forms of Violence AgainstWomencommitted against our female overseas workers.

Likewise,moreand more women forced to take the graveyard shift in variouseconomiczones as well as in BPOs and call centers are subjected toconditionsthat are unsafe and extremely vulnerable to rape and otherforms ofgender violence.

Ifthesewomen had any other choice, I am certain Mr. Speaker, dearcolleaguesthat they would rather take on jobs that will notunnecessarily exposethem to conditions of vulnerability.

Thepresenteconomic crisis and the growing poverty spawned by thePhilippinegovernment’s adherence to neo-liberal policies; thelabor-exportpolicy and the increasing government dependence onremittances and;the adamant refusal to implement a genuine agrarianreform program,have forced millions of Filipino women to take onjobs that make themextremely vulnerable to rape.

Itisalso a cause for concern Mr. Speaker that on top of the povertythatis increasing the Filipino women’s vulnerability to rape,thePhilippine government is subjecting women to further vulnerabilitybyits refusal to terminate the Visiting Forces Agreement and allowthepresence of US troops.

Wewereall witness to how the we fared in the Subic rape case in 2005.We allknow how our justice system and our sovereignty wasrepeatedlyviolated amid questions of criminal procedures and custody.Fiveyears hence, we are reviewing and not terminating thislopsidedagreement.

Hindinatayo natuto.

Mr.Speaker,the CEDAW is a landmark agreement that upholds principlesoffundamental human rights for women.

TheCEDAWcalls on state parties to abolish discriminatory laws andcraftlegislation towards the elimination of all forms ofdiscrimination.State parties are bound to take all forms of actiontowards theelimination of trafficking, exploitation, sexual abuse,rape and allforms of discrimination and violence against women.

Justrecently,the UN Committee on the Elimination of DiscriminationAgainst Womencalled our attention in a decision adopted on July 16,2010. Thisdecision was in response to a communication submitted tothe OptionalProtocol on the CEDAW by Karen Vertido in November 2007.

Accordingtohe UN Committee, the Philippine court’s acquittal of the accusedina decision penned in 2005, was based on gender-based myths andstereotypes:

• Thata rape victim must try to escape at every opportunity. Rape isanissueof power, physical or psychological. A rapist isusuallyphysicallystronger and when it is a gang of men out to havetheirway with awoman who is physically weaker, the chances ofescapewould be nil.

• Tobe raped by means of intimidation, the victim should be timidoreasilycowered. Because Karen Vertido was a successful executiveoftheDavao Chamber of Commerce, married at the time therapewascommitted, she could not at all be considered timid ornaïve.Thisis a myth debunked by the fact that educationalbackground, ageorcareer position are factors that do not go into theequation ofvictimization.

• Tobe raped by means of threat, there must be a clear evidenceofdirectthreat, which the judge says the complainant failedtoestablish. My dear colleagues, rape victims are so traumatizedthatthreats tobe recalled become secondary to the renewed traumaofhaving tonarrate their ordeal so that doing so is like beingrapedall overagain.

• Thatbecause the victim and the accused, who were at that time,bothholdingexecutive positions in a Chamber of Commerce, were morethan“noddingacquaintances” the sexual act must then beconsensual. Mr. Speaker,studies show that a woman is seldomvictimized by acomplete stranger.In many instances, the perpetratoris a neighbor,a friend or asuperior, and in cases of incest even atrustedrelative or parent.

• Thatthe victim should prove she physically resisted all throughout theactofrape, and if she had not, it is to be concluded thatshehadconsented.

Clearly,Mr.Speaker, distinguished colleagues, that we have in midst, legalmindsclouded by gender biases that prove to be serious stumblingblocks tovictims of gender based violence seeking justice.

Clearly,Mr.Speaker, we have laws that are inadequate, even antiquatedandincapable of protecting women and children from violence andabuse.

Clearly,Mr.Speaker, in implementing policies that aggravate the Filipinowomen’spoverty we are increasing the Filipino women’svulnerability to rapeand violence against women and the Philippinegovernment becomes anaccessory to the crime of rape and violenceagainst women.

Mr.Speaker,distinguished colleagues, there is an urgent need for us tolook intoand review our country’s compliance to the Convention toEnd allforms of Discrimination Against Women. There is a compellingneed torevisit our laws and make the necessary amendments to theAnti-RapeLaw and the Anti-Sexual Harassment Law among so manyothers. There isan imperative to implement measures to help pave theway towards theeradication of the poverty that increases women andchildren’svulnerability to violence against women.

FinallyMr.Speaker, it is our hope that the deafening silence of thePhilippinegovernment on the UN decision regarding the landmark caseof KarenVertido is not a continuing manifestation of itstrivialization ofviolence against women.

ItisGabriela Women's Party's challenge that the wheels of justicegrindfaster to ensure that women will no longer fall prey to allforms ofviolence.

Tomorrow,November25, marks the International Day for the Elimination ofViolenceAgainst Women. It is but fitting that we commemorate thisday with acommitment to rage against rape and vow to fight VAW orViolenceAgainst Women.