Module 6 Culture of Peace

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MSU-ILIGAN INSTITUTE OF TECHNOLOGY NSTP MODULE PLUS

CULTURE OF PEACE

Learning Outcomes:
 Recall basic principles of the culture of peace;
 Compare the Culture of Peace as opposed to the
ubiquitous existence of conflict in the society;
 Recognize and acknowledge the diversity of cultures
and the uniqueness of each person;
 Create a culture in the classroom that respects and
appreciates diversity.

I. Learning Resources: Television and DVD (Digital Video Disc) player, Powerpoint
presentation, metacards, scotch tape

II. Methodology:
• At the start of the session, ask the students the following questions:
1) What makes you different from your classmates?
2) What are your similarities with them?

• Tell the students to write their answers on metacards with two different colors. Red for
differences, white for similarities. The metacards are then placed on the board.

• Teacher will divide the differences into clusters : ethnicity, religion, culture, education, kinship,
background (social status), roles (student, mother, brother, etc), affinities (sports,
organization), goals.

• After establishing what makes everyone different, students will be grouped according to their
differences. Each group will come up with a short credo based on their own understanding of
the following values declared by UN in 2000 :
1. Freedom
2. Equality
3. Solidarity
4. Tolerance
5. Respect for
6. Shared responsibility
 Each group will then present their output through a ½ cartolina.
 Teacher will ask the other groups during one group’s output presentation if their presentation
have something in common with the other groups.
 Teacher to close the activity by having the students watch this short video on “I will be a
Hummingbird” narrated by the late Nobel Peace Prize recipient WangariMaathai :
https://www.youtube.com/watch?v=IGMW6YWjMxw.

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III. Learning Concepts:

A PEACEABLE CULTURE
By : LORIGEN M. PATERNO

“I earn that I eat, get that I wear, owe no man hate, envy no man's happiness, glad of other men's
good, content with my harm.”---William Shakespeare from As You Like It, Act 3, Scene 2.

Conflict is said to be ubiquitous as men has a tendency to compete either for limited resources or a
basic instinct for self-preservation. Either way, men continues to struggle for the achievement of a
goal. It is conclusive to argue then that the pursuit of peace can be considered a big challenge to
all who endeavors for this.

What is peace? Is it the absence of conflict, violence and war? Is it the continued process for two
opposing groups to come up with agreements and compromises? Why is it then that despite these
so-called peace talks and peace agreements, conflict and war still exist. War, as they say is a
necessary evil. Is it then irrefutable to say that peace is a necessary good?

Peace, as defined by the UN Activities in Peace and Security, is a set of values, attitudes and modes
of behaviors promoting the peaceful settlement of conflict and the quest for mutual understanding.
UN General Assembly’s definition of peace entails that it is not only the absence of conflict, but also
requires a positive, dynamic participatory process where dialogue is encouraged and conflicts are
solved in a spirit of mutual understanding and cooperation.

From the definition, peace is a way of life----changing one’s way of thinking, talking and eventually
how one acts towards another being. Part of the definition also entails a mutual understanding.
How does one achieve this? In order to achieve mutual understanding, there has to be differences
in gender, race, culture, values and language. Thus, the achievement of mutual understanding
means the recognition and acknowledgement of these differences.

Achieving mutual understanding protects a society from self-destruction by letting it build


foundations so as to design a new way to live together. Indeed, mutual understanding fosters certain
values vital for peace, including non-violence, respect of others, tolerance, solidarity and openness
to others.
--- UN Activities for Peace and Security, 2000.

A culture of peace starts with the individual. One has to follow the values exemplified in the
UNMillenium Declaration of 2000, as enumerated :
1. Freedom. Men and women have the right to live their lives and raise their children in dignity,
free from hunger and from the fear of violence, oppression or injustice. Democratic and
participatory governance based on the will of the people best assures these rights.
2. Equality. No individual and no nation must be denied the opportunity to benefit from
development. The equal rights and opportunities of women and men must be assured.
3. Solidarity. Global challenges must be managed in a way that distributes the costs and
burdens fairly in accordance with basic principles of equity and social justice. Those who
suffer or who benefit least deserve help from those who benefit most.
4. Tolerance. Human beings must respect one other, in all their diversity of belief, culture and
language. Differences within and between societies should be neither feared nor repressed,
but cherished as a precious asset of humanity. A culture of peace and dialogue among all
civilizations should be actively promoted.
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5. Respect for nature. Prudence must be shown in the management of all living species and
natural resources, in accordance with the precepts of sustainable development. Only in this
way can the immeasurable riches provided to us by nature be preserved and passed on to
our descendants. The current unsustainable patterns of production and consumption must
be changed in the interest of our future welfare and that of our descendants.
6. Shared responsibility. Responsibility for managing worldwide economic and social
development, as well as threats to international peace and security, must be shared among
the nations of the world and should be exercised multilaterally. As the most universal and
most representative organization in the world, the United Nations must play the central role.

It is further exemplified in UNESCO’s Walking the Six Paths of Peace :

Cultivating and building a Culture of Peace might be a huge task one might say. However, one needs only to
remember that all of us have this innate yearning to belong. It is human nature to be connected----to stay
connected----to be one with the whole.

Thus, this task is not difficult at all. One only needs to do affirmations, cooperate, communicate, appreciate
diversity, have appropriate expressions of feelings and come up with peaceful conflict resolutions(William
Kreidler).

As rational beings, we are inclined towards a peaceable existence. A culture of peace can then be developed
amongst us.

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IV. Assessment

Students will be assessed in their group activity through the criteria shown below :

Cohesiveness of their work - 10


Understanding of the task-at-hand - 10
Collaboration with peers - 10
Content (of their report) - 10
____
Total points 40

V. References

A/res/55/2 : United Nations Millennium Declaration. (2000, September 8). Retrieved July 24, 2015, from
http://www.un.org/millennium/declaration/ares552e.htm

Diamond, L. (n.d.). Quest for Peace : A Self Assessment Tool. Retrieved July 24, 2015, from
http://www.thepeacecompany.com/peacelibrary/pdf/questforpeace.pdfc

Fajardo, L. (2014, July 31). PEACE Theme 6 :Resolving and transforming conflicts. Retrieved July 23, 2015.

Life Skills Development/Unit One/Values Clarification/Lesson. (2007, June 1). Retrieved July 24, 2015, from
http://wikieducator.org/Life_Skills_Development/Unit_One/Values_Clarifi.

Pilgrims on the Path to Peace. (2015, May 13). Retrieved July 23, 2015, from
http://www.fofyb.org/nedfofyb/02saktueel/2015/walking.pdf

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MSU-ILIGAN INSTITUTE OF TECHNOLOGY NSTP MODULE PLUS

INTERNATIONAL HUMANITARIAN LAW

I. OBJECTIVES

At the end of this module, 85% of the learners will be able to:

1. trace the background of International Humanitarian Law and be acquainted with the various rules
and legal instruments relative thereto.
2. appreciate the importance of having rules in the conduct of hostilities.
3. recognize the vital role of the ICRC (International Committee of the Red Cross) in putting humanity
first in the midst of conflict without adverse distinctions in mitigating the impact of hostilities for
combatants and civilians alike.
4. acquire an in-depth knowledge of the history and principles of IHL.
5. acquire practical knowledge on the actual functioning of international, regional and national
institutions in the monitoring and implementation International Humanitarian Law.
6. participate effectively in the enhancement of Humanitarian Law awareness through active
participation in organizations advocating the same i.e., the ICRC and Philippine Red Cross.
7. recognize the rights both during peacetime and wartime.
8. develop a keen sense of awareness as to the reasons why use of weapons in conflict situations is
regulated.

II. LEARNING CONCEPTS

Illustrative Article

International Humanitarian Law: The Basics

International Humanitarian Law (IHL) is known historically as the ‘Law of War’. However, given the
legal complications arising from the usage of the word “war” as an established institution in international
relations (i.e., war has to be declared to commence and must be ended by a Treaty of Peace), recent
jurisprudence showed preference in the usage of the ‘Law of Armed Conflict’ instead. The new label
ingeniously avoided the legal technicalities associated with the former nomenclature. Whenever there is
armed conflict, regardless of whether it is declared or undeclared, regardless of whether its existence is
recognized or denied by any of the parties involved, and regardless of its nature, duration and intensity, IHL
comes into play.

The condition sine qua non for IHL to take effectis the existence of an armed conflict. Failing in this,
IHL cannot be invoked. In its stead, human rights are enforced. IHL and Human Rights are two separate
branches of International Law with a common purpose. IHL applies in situations of armed conflict while
Human Rights establish rules for the harmonious development of the individual in society at all times. The
main purpose of both, however, is to safeguard human dignity in all circumstances (ICRC, 1993).

Human Rights and IHL

The necessity of having IHL as a separate legal regime apart from Human Rights is partly borne by the
fact the Human Rights are derogable i.e., it may be suspended, particularly in crisis situation or situations
of armed conflict. For example, during emergencies or when Martial Law is declared, curfew hours may be

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imposed limiting the right to travel. During armed conflict and other crisis situations, some human rights
are usually suspended to give the government more elbow room to deal with the situation. In armed conflict
situation where some human rights are derogated, IHL comes into effect to ensure that legal protection are
still given particularly to those who are not or are no longer taking part in armed conflict. Since IHL is
particularly designed in critical conditions of armed conflict, they constitute the basic minimum protection
that can no longer be limited or derogated. Thus it may be said that IHL is just a subset of Human Rights,
becoming operational only when there is armed conflict. From the standpoint of the United Nations, IHL is
considered as human rights during armed conflict (Meyer, 1998).

An armed conflict may be international or non-international. International armed conflict involves at


least two states. For example, a war between say the Philippines and China on territorial claims over the
Panatag or Scarborough Shoal is an international armed conflict when they resort to the use of weapons
and troops to settle their conflicting claims. On the other hand, a non-international armed conflict involves
the armed forces of the state against the dissident groups in that state or between such dissident groups
within the state. Necessarily, the theater of the conflict remains within the territorial confines of the state.
The armed conflict between the armed forces of the Philippines and the rebels belonging to the Moro
Islamic Liberation Front (MILF) is a non-international armed conflict. Also, should it happen, an armed
conflict between the New People’s Army (NPA) and the MILF is also considered as non-international. In all
these aforementioned instances, IHL applies. However, situations like riots and other situations of violence
are not considered armed conflict situations. These situations are therefore to be dealt with as a police
matter using the criminal, civil and human rights laws of the country.

Brief History of IHL


War as an institution had been with us since time immemorial. Plato in this respect declared: “Only the
dead have seen the end of war”. The prospect of war or armed conflict continues to hang like the sword of
Damocles over our heads.

Since war or armed conflict is as old as life itself (Pictet, 1985), efforts to mitigate its impact likewise go
as far back The efforts to alleviate human suffering in war time is the key principle providing the impetus
for the development of the rules of armed conflict. For instance, in ancient Persia, Cyrus the Great in his
campaigns has made a clear point of treating the enemy wounded soldiers humanely like his own. The
compassion shown towards the disabled enemy is not at all peculiar to Persia. In India, as recorded in the
Indian epic Mahabharata and The Legends of Manu, one finds the same compassion for the defeated
enemy. It forbids killing of surrendering or disabled enemies; the wounded are healed and sent home; and
the use of barbed or poisonous weapons were not allowed. It was even forbidden to declare that no quarter
(i.e., no prisoners are to be taken) would be granted (Viswanatha, 1925). Also in the same vein, the
Viqayet(1280 AD) known as the Code of War of the Moors in Spain, forbids the killing of women, children,
old people, madmen, and bearers of flags of truce. Further, it prohibits the mutilation of the vanquished
and poisoning of arrows and water sources (Pictet, 1885).

Efforts to alleviate the effects of war were by no means confined to the western world. When Salah al-
Din, known as Saladin to the Crusaders, entered Jerusalem in 1187, his Saracen troops did not kill nor
mistreat its inhabitants. He established special patrols to protect the Christians as he released rich prisoners
for ransom and poor prisoners for nothing. He also allowed doctors from the enemy side to come and treat
their wounded compatriots and then return to their own camp. He even sent his own doctor to the bedside
of Richard Coeur de Lion (Pictet, 1985).

While history is replete with humanitarian attempts to mitigate the effects of war, it too, witnessed
the barbarity of warfare. When the Crusaders took Jerusalem in 1099, they massacred its entire population.
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An eyewitness, Raymond d’ Agiles, Canon of Puy, wrote: ‘So much blood flowed in the ancient temple of
Solomon, where 10,000 people had taken refuge, that bodies were floating in it (Pictet, 1985). Among the
worst of all ‘war crimes’ was the sacking of Constantinople by the Venetians and the Crusaders in 1204. This
time, both the butchers and their victims were Christians. For nine centuries, this city had been the heart
of civilization and Christian religion of the Eastern Empire. The Papal Legate had relieved the knights of their
vows and the massacre lasted three days. Nothing and nobody was spared, neither the churches nor the
nuns. Such is war when the pretext for violence is faith and justice (Boissier, 1963).

The long span of human history accounting for the humanitarian experiences and atrocities in times of
warfare paints a mixed picture. There were moments of pride when humanity prevails in the midst of
atrocities as exemplified by Saladin in 1187 when he took Jerusalem. There were moments of shame when
humanity fell by the wayside as exemplified by the taking of Jerusalem in 1099 and the sacking of
Constantinople in 1204. Indeed, war brings out the best and worst in humanity.

In the long history of warfare, certain piecemeal arrangements made between warring parties later
evolved into customary rules governing the conduct of warfare. Among the most commonly accepted are
as follows:

 Hospitals shall be immune and shall be marked by special flags.


 Wounded and sick shall be cared for and sent home when cured.
 Doctors and their assistants and chaplains shall not be taken as captives.
 Prisoners shall be protected and shall be exchanged.
 Civilians shall not be molested.
 Truce of God (1027). It forbade acts of war on Sunday, from Saturday evening to Monday
morning as a sort of ‘military weekend’. From this customary rule, we find modern day
derivatives like ceasefire or cessation of hostilities on Christmas season and even during the
period of Ramadhan.

Jean Henri Dunant and Modern IHL


Even before Jean Henri Dunant came into the scene, there were already efforts, albeit temporary in
character, to regulate the conduct of warfare. These early efforts were mainly bilateral and dependent on
the prior agreement reached by field commanders in every specific engagement. These ad hoc
arrangements like prisoner exchange, place or theater of war, and identification of safe zones for the
wounded and sick were known as Cartels and Capitulations.

IHL as we know it today was born in the midst of war – The Battle of Solferino (1859). The war has
brought together the convergence of events and personalities which has triggered the development of
modern IHL. At the center stage of all these events and personalities is Jean Henri Dunant – the founding
father of the Red Cross Movement and the father of modern day IHL.

Jean Henri Dunant was a Swiss businessman. He founded a company in Algeria in 1858 which by then
was a French Colony. The French colonial bureaucracy gave Dunant a hard time in processing the necessary
documents. Also, he had problems obtaining the land and was given a run-around. Fed up with the
bureaucratic inefficiencies before him, Dunant eventually decided to see the French Emperor Napoleon III
himself.

Henri Dunant arrived in France only to find out that Emperor Napoleon III was leading his troops against
Austria in the battlefields of Northern Italy near the village of Solferino. On his way to see Emperor, Dunant
by chance witnessed the war on June 24, 1859. The fighting lasted only about fifteen (15) hours and yet at
the end of the day, there were 39,000 Austrian and French Soldiers who died. Describing the war, Dunant
(1862) wrote the following:

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 Every mound, every height…is a scene of a fight to death.


 It is a sheer butchery… When they have no weapon left, they seize their enemies by the throat
and tear them with their teeth.
 It took three days and three nights to bury the dead… more than one live man was buried with
the dead.
Although his purpose in pursuing the Emperor all the way to Northern Italy was only to get his business
permit, Dunant forgot all about it. Instead, he started organizing the women in the village of Solferino to
take care of the wounded and the sick left in the battlefield. Lacking any medical training, they did what
they could to alleviate the suffering of the soldiers regardless of the color of their uniforms and their
allegiances. The lack of medical care for the wounded and sick appalled him. All the horrors and inhumanity
that he witnessed during the war haunted him to the effect that he wrote a book it entitled “A Memory of
Solferino”. In the book, he proposed two things:

1. Would it not be possible, in time of peace and quiet to form relief societies for the purpose
of having care given to the wounded in wartime by zealous, devoted and thoroughly
qualified volunteers?

This first seminal idea to come up with trained volunteers in peacetime purposely to be of service to
take care of the wounded and sick in wartime led to the creation of the Red Cross Movement. To date, the
efforts of the Red Cross have expanded to include relief and rescue operations during natural calamities
and disasters. In all these efforts, the Red Cross Movement and its volunteers are guided by their long
established principles. To wit:

 Humanity  Voluntary Service


 Impartiality  Unity
 Neutrality  Universality
 Independence

2. When princes of the military art …meet…Would it not be desirable (to) take advantage of
(this) Congress to formulate some international principle, sanctioned by a Convention
inviolate in character, (to) constitute the basis for societies for relief of the wounded?

This second seminal idea led to the crafting of the first Geneva Convention on the conduct of warfare
relative to the protection to be given to the wounded and sick combatants in the field known as ‘Convention of
Geneva of 22 August 1864 for the Amelioration of the Condition of the Wounded in Armies in the Field’. The
Geneva Convention of 1864 was the first of all the Conventions governing warfare which together with other
treaties collectively form part of what is now known as International Humanitarian Law (IHL). All are designed
to regulate the conduct of warfare and to remind one and all that ‘Even Wars Have Limits’ (Kewley, 2000).

International Humanitarian Law: Human Rights in Armed Conflict

International Humanitarian Law (IHL) refers to the set of rules governing the conduct of armed conflict
which for humanitarian reasons seek two major things:

1. To protect categories of people who are not or are no longer taking part in the hostilities.

These set of rules providing the necessary protection for certain categories of people is known as the
Geneva Branch of IHL also known as the Geneva Law. It protects those who are not or are no longer taking part
in conflict such as:
 Civilians
 Medical & Religious military personnel

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 Wounded, shipwrecked and sick combatants


 Enemy prisoners
 Red Cross Personnel

2. To restrict the means and methods of warfare.

These set of rules regulating means and methods of warfare are collectively known as the Hague Branch of
IHL also known as the Hague Law. Means of warfare refer to the instruments and weapons used to conduct
warfare while methods refer to the strategy or way to carry out the hostility. Some weapons are listed below
which are considered to be causing superfluous injury and unnecessary suffering, hence there use is either
banned or restricted:

 Dum Dum Bullets (banned)


 Booby traps (restricted)
 Incendiary weapons (restricted)
 Anti-personnel mines (banned)
 Chemical Weapons (banned)
 Laser blinding weapons (banned)
 Bacteriological/biological weapons (banned)
 Weapons with non-detectable fragments (banned)
 Cluster Munitions (banned)
To date, we have four Geneva Conventions and two additional protocols in 1977 and Protocol III in
2005 and many other treaties forming the legal basis of IHL. All these legal documents highlight the fact that
even in wars, there are still rules of engagement that must be observed. To wit:

I: The First Geneva Convention: Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field (1864). In a nutshell, the wounded and sick in armed forces in the field
must be treated accordingly with protection. The rules are simple.

 Collect them
 Care for them
 Hand them over to your superior or to the nearest medical personnel
 Respect medical personnel and facilities

II: The Second Geneva Convention: Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick and Shipwrecked Armed Forces at Sea (1899). In a nutshell, the wounded and sick and
shipwrecked armed forces at sea must be treated accordingly with protection. The rules are straightforward:

 Protect the wounded, sick and shipwrecked (also air crew)


 Search and collect them after every engagement
 Protect civilian boats rescuing the victims
 Respect marked hospital ships and medical aircraft

III: The Third Geneva Convention: Geneva Convention Relative to the Treatment of Prisoners of War (1929).
Captured combatants are likewise accorded protection. The rules on the treatment of POWs are crystal clear:

 Spare them
 Disarm them
 Hand them over to your superior
 Treat them humanely
 Their families must be informed of their capture

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IV: The Fourth Geneva Convention: Geneva Convention Relative to the Protection of Civilians in Time of
War (1949). Civilians should be accorded the following protection:

 Respect them. They must not be the object of attack


 Treat them humanely
 Protect them against ill-treatment
 Vengeance and taking of hostages are forbidden
 Respect their property. Do not damage or steal it
On top of the four Geneva Conventions which was updated and revised in 1949, there are two other
protocols added in 1977 to further strengthen the protection given to combatants and civilians alike;

Protocol I: For Conflicts which are International in Character (1977)


Protocol II: For Conflicts which are not International in Character (1977)
Taken all together, IHL prescribes the acceptable code of conduct for a truly professional soldier or
combatant. In a nutshell, the rules of combat are as follows:

 Fight only combatants


 Attack only military targets
 Spare civilians and protected objects
 Limit destruction to what the mission requires
 Respect the Red Cross and Red Crescent and Red Crystal emblems and other signs of truce
When one looks at all the legal documents regulating the conduct of armed conflict and the protection
accorded to those who are not or are no longer taking part in armed conflict, one may easily be lost or
overwhelmed by the voluminous material that has to be learned and internalized. This need not be the case. In
terms of principles, IHL has only three: The principle of Limitation; The Principle of Distinction; and The principle
of Protection.

Basic Principles of IHL


1. PROTECTION must always be given to:
 Non combatants (civilians & those who no longer fight, etc.)
 Objects and Places (Hospitals, Churches, Mosques etc.)
 Protective emblems (Red Cross, Red Crescent, Red Crystal and other flags of truce)

2. LIMITATION in the conduct of warfare:


 Banned and restricted weapons
 Target only military objectives
 Prohibition on acts that cause unnecessary suffering & loss of life & long term damage to
the environment.

3. DISTINCTION in armed conflict. The following distinctions must always be observed in defining one’s
conduct towards others.

 Combatants and non-combatants


 Military and Non-military target
Combatants are regular armed forces and armed opposition groups having the following characteristics:

 Uniformed ( This is no longer required)


 Distinctive sign
 Under responsible command
 Carrying arms openly
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 Under IHL

III. REFLECTION

At this juncture, one may raise the issue of why are we supposed to know all things about IHL, after all,
we are not combatants. Is it not better left to be learned by soldiers and other armed opposition groups? At a
glance, the issue may appear justified. However, a deeper look into events that has unfolded and continue to
unfold may lead the questioning mind to reconsider.

One should be cognizant that universities are among the major recruitment grounds either by the
government for its supply of able bodied men and women to comprise its armed forces or by other armed
opposition groups. Prudence dictates that we plant the seeds early today with the hope that someday as they
become commanders in the field, either in the army or in the armed opposition, they may apply the principles
of IHL to alleviate human suffering brought about by armed conflict. This may be a long shot, but a shot worthy
to be taken nonetheless. The underlying logic is clear. Those who are less aware of IHL are more likely to violate
them (Greenberg, 1999). According to the Inter-parliamentary Union in its pronouncement in 1997:
“Teaching…International Humanitarian Law constitutes the best means of preventing any breach of them”
(ICRC, 1999). What a better time to teach IHL than when our able bodied men and women are still in school?

Further, when one looks at the statistics of casualties in war, one cannot help but notice that the odds
are increasingly against the civilians. While the ratio during the First World War was 20 combatants for every 1
civilian casualty (ratio 20:1), it has gone down to one combatant to one civilian casualty (ratio 1:1) during the
Second World War. Even more alarming is the ratio of casualties in today’s armed conflicts which is one
combatant for every ten civilian casualties (Gutman and Rieff, 1991). Clearly, it is in our interest as civilians not
only to know but also to disseminate IHL to all concerned; otherwise, we civilians will bear the consequences of
this failure. This is the challenge that we have to take. Otherwise, ‘the future will be blamed on us who are here
today as we blame those who were here yesterday for bringing what is today’.

IV. EVALUATION

1. Apart from those cited in the module, can you identify other persons or places and protective emblems
that must be given protection or must not be the object of attack? Explain your answer.

2. Why is it in our interest as civilians to make sure that IHL is disseminated and observed by the parties
in armed conflict?

3. Distinguish a military target from a non military target. What makes an object or person a legitimate
object of attack?

4. Is a church a military target? What makes a protected place like a church a subject of attack?

5. Why is it advantageous to any party to a conflict to faithfully observe International Humanitarian Law?

6. Enumerate and explain the basic principles of IHL.

7. Enumerate and explain the principles of the RED Cross Movement.

8. What are the commonly accepted emblems of protection?

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9. What is the main distinction between the Hague Law and the Geneva Law?

10. Distinguish International Humanitarian Law and International Human Rights Law.

V. LEARNING ACTIVITY

Activity: Film Critique from an IHL standpoint: Identify scene/scenes in the following movies which you think
constitute/s an IHL violation. Justify your answer and substantiate further by indicating what should have been
done instead.

a. Black Hawk Down


b. Hotel Rwanda
c. Kingdom of Heaven
d. Sometime in April

VI. SOURCES

Greenberg Research Inc. The People on War Report. ICRC Worldwide Consultations on the Rules of War.
(Geneva: International Committee of the Red Cross, 1999)
Gretchen Kewley. Even Wars Have Limits: The Law of Armed Conflicts. (Victoria: Australian Red Cross, 1984)
Henri Dunant. A Memory of Solferino. (ICRC: Geneva, 1862)
ICRC (1999). Respect for International Humanitarian Law: Handbook for Parliamentarians No. 1, (ICRC: Geneva,
Switzerland, 1999)
ICRC. The Geneva Conventions of August 12, 1949. (ICRC: Geneva, Switzerland)
ICRC. The Protocols Additional the Geneva Conventions of August 12, 1949. (ICRC: Geneva, Switzerland, 1977)
Jean Pictet. Development and Principles of International Humanitarian Law (Lancaster: Martinus Nijhopp
Publishers, 1985)
P. Boissier, History of the International Committee of the Red Cross. Volume I. (Paris: ICRC, 1963).
Roy Gutman and David Rieff (eds.) Crimes of War: What the Public Should Know. (New York: W.W. Norton,
1999)
S.V. Viswanatha, International Law in Ancient India, (India:1925)
William H. Meyer, Human Rights and International Political Economy in Third World Nations (Westport:
Praeger Publishers, 1998)

MODULE 7. GENDER AND DEVELOPMENT

I. OBJECTIVES

At the end of this module, at least 85% of the learners will be able to:
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1. trace the philosophical, religious and historical foundations of the existing power relationship
between men and women.
2. appreciate the present efforts of the government in addressing the imbalance in the existing power
relations between men and women.
3. identify the difference between sex and gender.
4. advocate gender sensitivity by using gender neutral language and avoiding the use of sexist
language.
5. participate effectively in the efforts to promote gender equality.

II. LEARNING CONCEPTS

Illustrative Article.

WOMAN

Her Story: A Gendered History

‘Irony of ironies, despite their numbers, women come as the most numerically superior minority group in the
world.’

Abstract

This is a narrative exploring the historical, religious and philosophical underpinnings


of how women are relegated into the background. It then narrows down to the history of
women in the Philippines and shows how it has already come full circle.

The respected status Filipino women enjoyed during the pre-Spanish Philippines were
predicated on the notion of equality and partnership dictated by the social roles played by both
women and men. Spanish conquest of the Philippines altered the hitherto existing social order.
The Spanish imposed religion in the colony had with it so much misogynistic ideas that demean
women.

Centuries of Spanish colonialism has disfigured the social landscape for women.
Womanhood was bestowed with new meanings to their disadvantage. And yet through it all,
the women of the Philippines with forbearance sustained the struggle to liberate themselves.
Eventually, they vindicated themselves and restored the social status of respect they once had.

Currently, the entire legal system of the Philippines had already taken cognizance of
the very important role played by women in nation building. What remains is whether or not
such policy pronouncements get implemented on the ground. That however, is another story.

Introduction

The biblical account of creation in the Book of Genesis tells us that the Creator made man in His own
image. Man and woman He created them (Genesis 1:27). The chronology of creation, however, gave primacy to
man. After the created man has settled in the Garden of Eden (2:15), the Creator said: “it is not good for the
man to be alone. I will make a suitable partner for him” (2:18). The Creator thus formed out of the ground
various wild animals and various birds of the air and brought it to man…but none proved to be a suitable partner
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for the man (2:20). Consequently, the Creator caused man to sleep and out of his rib He created a new being
called ‘woman’ for out of her man, this one has been taken (2:21-23). It thus appeared that as man’s companion,
the woman was not even the first choice!

Taking the story of creation a bit further, the woman succumbed to temptation. She ate the forbidden
fruit which she also gave to the man (3:6-7). When the Creator confronted them on what they did, the man
placed all the blame to the woman (3:12). As a consequence, to the woman the Creator said: “I will intensify the
pangs of your childbearing; in pain shall you bring forth children. Yet your urge shall be for your husband, and
he shall be your master” (3:16). And to the man He said: “Cursed be the ground because of you! In toil shall you
eat its yield all the days of your life” (3:17). And then, they were banished from the Garden of Eden (3:23). Pain
and suffering has entered the world through the woman!

The Church and Misogyny

From the early church came misogyny ─ hatred of the female sex. Drawing ideas from the ‘temptation
of Eve’, the male dominated church had been most unfair and truly unkind to women. The letters of Saint Paul,
and the writings of the church fathers such as Tertullian, Gregory of Nyssa, St. Ambrose, St. John Chrysostom,
St. Jerome and later those of St. Thomas Aquinas are replete with typical anti-feminine ideas (Mananzan, 1991).
The enduring bias against women by churchmen is shown by the latin word ‘femina’, from where the word
female is taken. ‘Femina’ literally means ‘less in faith’ (Peczon, 1996). One of the church fathers, Tertullian, was
even blunter and less forgiving when referring to woman. He said:

Women, you ought to dress yourselves in mourning and rags…You are the door of hell; you
corrupt him whom the devil dare not approach; you finally are the cause why Jesus Christ had
to die (Ander-Egg, 1880).

St. Augustine too, shared a very low regard for the feminine counterpart by declaring them as ‘unstable
animals’. Thus as cited in Mananzan (1991):

When women bore the marks of marital conflict, he [St. Augustine] would tell them it was their
fault. He cites three arguments with which faithless husbands seek to silence their wives: We
are men, you are women, we are head, you are the members, we are masters, and you are slaves
(Kelly, 1991).

For his part, St. Thomas Aquinas, despite his genius and being a giant of the faith, considers women as
‘frustrated males’. So much was the hatred against woman that even men, who in marriage had been
‘contaminated’ by women, are deemed unworthy to serve the church. After the 4 th century, married men could
no longer become priests; neither could priests marry, because of the fear of contamination in marriage
(Mananzan, 1991).

The church-inspired anti-feminist ideas defined the unequal and at times contemptuous relationship
that has for long characterized man’s relationship with woman. Gracian (1975) aptly described the resultant
relationship thus:

Different kinds of temptations make war on man in his various ages, some when he is young,
and others when he is old; but woman threatens him perpetually. Neither the youth, nor the
adult, nor the old man, nor the wise, nor the brave, nor even the saint is ever safe from a woman
(my italics).

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Church misogyny sanctions in every way the necessity and propriety of male dominance in affairs both
spiritual and secular. The generated mind set of male superiority is reinforced by men’s structural capacity for
forcible entry into women’s structural vulnerability. This physiological factor brings about a psychological
awareness in man which renders his ability of forcible entry as a vehicle of his victorious conquest of her, being
the ultimate test of his superior strength, the triumph of his manhood (Brownmiller, 1975).

Recalling the Church’s deceitful and violent history, Dan Brown notes the brutal crusade against free
thinking women for a span of three centuries, employing methods as inspired as they were horrific (Brown,
2003: 134). He notes:

The Catholic Inquisition published the book that arguably could be called the most blood-soaked
publication in human history. Malleus Maleficarum – or The Witches’ Hammer – indoctrinated
the world to ‘the dangers of free thinking women’ and instructed the clergy how to locate,
torture and destroy them. Those deemed ‘witches’ by the Church included all female scholars,
priestesses, gypsies, mystics, nature lovers, herb gatherers, and any women ‘suspiciously
attuned to the natural world’. Midwives also were killed for their heretical practice of using
medical knowledge to ease the pain of childbirth – a suffering, the Church claimed, that was
God’s rightful punishment for Eve’s…original sin. During three hundred years of witch hunts, the
Church burned at stake an astounding five million women.

Men at the expense of women have shaped male centered and male dominated bureaucracies with
their concomitant structures, cultures, authority relations management styles and division of labor. As such,
they represent the interest of men (Goetz 1992). Women are thus made ineligible for political roles (Richter,
1990). Practices and beliefs in tradition, politics, and religion, perpetuated throughout most of history are
unfavorable to women (UNCHR, 2006). Men on the contrary have all the opportunities and privileges as a whole
in terms of power and control (Women Watch, 2006).

Gender and Gendered Institutions, Identities and Roles

Since the dawn of history, throughout the world, human activities, practices, and institution are
organized along the social distinction people make between men and women – in brief, by gender. By definition,
gender refers to the socio-cultural distinction between males and females. It is a socially constructed framework
to make sense of and deal with sex difference. The consequent gender identities are the conceptions that a
person has on being male or female and becomes part of one’s self-concept reinforced by social interaction.
Gender identity emerges as people enact gender roles and are reacted to by others as being either male or
female (Hughes & Kroehler, 2002).

Gender roles are sets of cultural expectations that define ways of behavior for either sex. They
constitute master statutes that carry primary weight in people’s interactions and relationships with others. In
doing so, they place men and women in the social structure, establishing where and what they are in social
terms. Gender roles are a major source of social inequality (Anderson & Gibson, 2002). The resultant inequality
is due to the fact that for the most part, social institutions have historically been developed by men, are currently
dominated by men, and are symbolically interpreted from the standpoint of men. As such, they are gendered
institutions. The only major institution in which women have had a central, defining role, although, a
subordinate one, has been the family (Hughes & Kroehler, 2002).

The Underlying Ideology and Gender Inequality


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The notion of gender as part of our cultural heritage is a defensive masculine model emphasized by the
dominant group (men) who has access to power and meanings. Its purpose is to prevent recognition of
inequality thereby preventing the challenge posed against gender hierarchy and leave the system intact (Hare-
Mustin & Marecek, 1994).

Patriarchal ideology functions to make existing social inequalities acceptable. It provides a rationale
that would make current state of affairs seem just or fair by systematically distorting social reality either by an
exaggeration or under representation (Berger, 1972).

Ideology not only justifies the existing reality. It also constrains behavior and aspiration for social
change. Also, it becomes a self-fulfilling prophesy that contribute to the behavior and social differences that
they purport to explain (Lowe & Hubbard, 1983). It creates the perception that:

Women are weaker and needs male protection; that women are and should remain wives,
mothers, and homemakers and in looking for jobs, women themselves saw high occupational
aspirations and steady commitment to a career as competing with their family role (Gatlin,
1987).

As the ongoing relations of men and women, gender is a socially prescribed relationship (Hare-Mustin
& Marecek, 1994). It is shaped over time by the changing social and political environment designed to set in
place the dominance of one over the other. The inequality thus established is perpetuated by a set of complex
process known as sexism.

Sexism is the unconscious, taken for granted, assumed, unquestioned, unexamined,


unchallenged acceptance of the belief that the world as it looks to men is the only world, that
the way of dealing with it which men have created is the only way, that the values which men
have evolved are the only ones, that the way sex looks to men is the only way it can look to
anyone, that what men think about women are like is the only way to think what women are
like (Horton, 1976).

Sexism involves the belief that one sex is superior to the other. At the institutional level, sexism involves policies,
procedures, and practices that produce unequal outcomes for men and women. For instance, in some Middle
Eastern countries today, women are not even allowed to drive cars!

The most pervasive form of institutional sexism is patriarchy ─ a system of social organizations in which
men have a disproportionate share of power.

Patriarchy is rooted in cultural and legal systems that historically gave fathers authority in family
and clan matters, made wives and children dependent in husbands and fathers, and organized
descent and inheritance through the male line (Hughes and Kroehler, 2002).

Consequently, most of the disparities between the feminine and masculine gender roles come about because
of the greater power and status accorded to males than to females in patriarchal societies (Lips, 2001).

Sexism in Language

The human language is not a neutral instrument of communication. It reflects the power arrangement
that is embedded in society itself. Along this vein, George Orwell (1949) was perhaps among the pioneers in
pointing out the potency of language in the perpetuation of a desired social order. He coined and popularized

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words like newspeak1, doublethink, big brother, thoughtcrime and many others in his novel ‘Nineteen Eighty-
Four’. Likewise, Norman Fairclough (1989), as one of the founders of Critical Discourse Analysis (CDA) as applied
to Sociolinguistics looked at how power is exercised through language. In this context, the reality of inequality
in gender relations is likewise reflected in language use. Along this line, the Muted Group Theory argues that “
women are not as free or as able as men are to say what they wish, when and where they wish, because the
words and the norms for their use have been formulated by the dominant group, men” (Kramarae, 1981).

It becomes manifest that man-made language aids in defining, depreciating and excluding women. As
women cease to be muted, men will no longer maintain their position of dominance (ibid.). Consequently,
women and men use language differently so much so that Tannen (1990) proposed the idea men and women
are actually speaking different dialects or genderlects. Among the basic tenets of genderlect are the following:

Why we communicate: Women seek connection, men seek status. Women engage
in communication to build and maintain relationships with others. By contrast, men
are more likely to engage in talk only when it makes them look good, strong,
competitive, or independent.

Style of Communicating: Women use rapport talk, men use report talk. Women
express emotions, share personal feelings, relate stories and listen emphatically
(rapport talk). Men engage in competitive joking and assertive speech that wins
control of the conversation (report talk).

Language: We speak the same language but each gender has its own dialect. Each
gender has its own set of vocabulary and preferred topics, and they use spoken
language differently: Men talk to get things done (instrumental approach); women
talk to interact with others (relational approach).

While genderlect theory simply identifies the differences in language use by men and women and
refrains from pointing to the power undercurrents underlying such differences, the reality remains that sexism
as a pervading ideology is embedded in the language structure which subtly perpetuates the notion of gender
inequality.
Taking cognizance of sexist tendencies in language use, the Civil Service Commission of the Philippines
has taken the task of promoting gender fair language. To this effect, it has passed ‘Memorandum Circular No.
12, S. 2005 on the Use of Non-Sexist Language in All Official Documents, Communications and Issuances.’
Consequently beginning June 2000, Gender and Development (GAD) perspective have been integrated in the
conduct of Civil Service Examinations partly through the use of non-sexist language in test items and in
preparation of letters, memoranda, and issuances.

Taking a cue from the Civil Service Commission’s Memorandum Circular, the Supreme Court of the
Philippines subsequently issued in 2006 the Supreme Court

Administrative Circular, S. 2006 to all Justices, Judges, and Employees of the Judiciary in the matter of ‘The Use
of Non-Sexist Language in All Official Documents, Communications and Issuances.’

1
George Orwell devoted an entire appendix in his book to discuss and explain the principles of Newspeak. The
purpose of Newspeak was not only to provide expression for the world view and mental habits proper to the
desired social order, but to make all other modes of thought impossible. It was intended that when Newspeak had
been adopted once and for all and Oldspeak forgotten, a heretical thought – that is, a thought diverging from the
declared principles of society - should be literally unthinkable, at least so far as thought is dependent on words.
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Below are some of the ways by which non-sexist language may be promoted in the communication process. 2

1. Eliminate the generic use of he, his, or him unless the antecedent is obviously male by:

a. Using plural nouns


TRADITIONAL : The lawyer uses his brief to guide him.

SUGGESTED : The lawyers use their brief to guide them.

b. Deleting he, his, and him altogether, rewording if necessary

TRADITIONAL : The architect uses his blueprint to guide him.

SUGGESTED : The architect uses a blueprint as a guide.

c. Articles (a, an, the) for his; using who instead of he

TRADITIONAL : The writer should know his readers well.

SUGGESTED : The writer should know the readers well.

d. Using one, we, or you

TRADITIONAL : As one grows older, he becomes more reflective.

SUGGESTED : As one grows older, one becomes more reflective.

e. Using the passive voice

TRADITIONAL : The manager must submit his proposal today.

SUGGESTED : The proposal must be submitted by the manager today.

2. Eliminate the generic use of MAN. Instead, use people, person(s), human(s), human
being(s), humankind, humanity, the human race.

TRADITIONAL : ordinary man, mankind, the brotherhood of man

SUGGESTED : ordinary people, humanity, the human family

3. Eliminate sexism in symbolic representations of gender in words, sentences, and texts by:

a. Taking the context of the word, analyzing its meaning, and eliminating sexism in the concept

TRADITIONAL : feelings of brotherhood, feelings of fraternity

SUGGESTED : feelings of kinship, solidarity

TRADITIONAL : the founding fathers

2
[SC Administrative Circular issued by MA. LUISA D. VILLARAMA, Clerk of Court]

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SUGGESTED : the founders, the founding leaders

TRADITIONAL : the father of relativity theory

SUGGESTED : the founder/initiator of relativity theory

b. Finding precise words to delineate the thing itself from supposedly sex-linked characteristics

TRADITIONAL :Titanic was a great ship, but she now rests at the bottom of the sea

SUGGESTED : Titanic was a great ship, but it now rests at the bottom of the sea

TRADITIONAL :“Don’t let Mother Nature rip you off! She’s out to kill your car’s new finish....
Stop her...”

SUGGESTED :“Don’t let Nature rip you off” It’s out to kill your car’s finish... Stop it...”

4. Eliminate sexual stereotyping of roles by:

a. using the same term for both genders when it comes to profession or employment

TRADITIONAL : salesman, stewardess

SUGGESTED : sales agent, flight attendant

b. using gender fair terms in lexical terms

TRADITIONAL : sportsmanship

SUGGESTED : highest ideals of fair play

c. Treating men and women in a parallel manner

TRADITIONAL : I now pronounce you man and wife.

SUGGESTED : I now pronounce you husband and wife.

d. Avoiding language that reinforces stereotyping images

TRADITIONAL : a man’s job, the director’s girl Friday

SUGGESTED : a big job, the director’s assistant

5. Eliminate sexism when addressing persons formally by:

a. Using Ms. Instead of Mrs.

TRADITIONAL : Mrs. dela Cruz

SUGGESTED : Ms. dela Cruz

b. Using a married woman’s first name instead of her husband’s

TRADITIONAL : Mrs. Juan dela Cruz

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SUGGESTED : Ms. Maria Santos-dela Cruz

c. Using the corresponding titles for females

TRADITIONAL : Dra. Concepcion Reyes

SUGGESTED : Dr. Concepcion Reyes

d. Using the title of the job or group in letters to unknown persons

TRADITIONAL : Dear Sir

SUGGESTED : Dear Editor, Dear Colleague

Women in Pre-colonial Philippines

The pre-colonial Philippine societies were composed of scattered family-based dwellings called the
barangay (village).The settlers were never a people of great cultural or material advancement. Basic
membership was in the family, and this, fulfilling the needs of a simple life, obviated the need for a public
administrative class (Corpuz, 1957).

In the social context of the simple family-based way of life, there was equality between the sexes. A
woman could become a chief of the barangay, could perform the role of the babaylan (priestess), and had rights
to own property and obtain divorce. In case of separation, women were entitled to a share of conjugal earnings
and to a share of children (Feliciano, 1996). Explaining the apparent equality of the sexes, Paterno (1887) noted
that the concept of god among the ancient Tagalogs was more closely linked with women, and when linked
with both the concepts of man and woman, there is a nuance of union, of mutuality and not of subordination.
The equality of men and women in Philippine society is even reflected in their version of the account of creation.
Both man and woman (Si Malakas at si Maganda) were created at the same time, coming out together as they
were, from a bamboo that was split. 3
Among the primitive communities in Asia, men and women tended to be viewed as equals since both
had vital economic roles to play in supporting their families and communities. The advent of foreign religions
i.e., Catholicism, brought about female inferiority. Masculine partiality excused Adam from the fall and laid the
blame to Eve, the temptress (Editorial, Balai Asian Journal, 1985).

The women in pre-colonial Philippine society not only occupy a highly esteemed position in society.
They enjoy a higher regard compared to men. Working on extant Spanish accounts of the Philippines and its
inhabitants, Mananzan (1991) took a glimpse of the pre-colonial Philippine society and the status of women in
it through the prism of the misogynistic eye of the colonizers themselves. Relying extensively on the works of
early Spanish historians, she quotes Martin (1886) thus:

The Spaniards were very vocal about their disdain of the Indio. He is described as indolent,
taciturn, boastful, capricious, and hard headed, cowardly, and fond of gambling, lascivious, and
indifferent… Yet everyone recognizes the greater intellectual superiority of the Indian woman to
the Indian man, of whatever class or social condition. She is more serious and formal partner in
making contracts (my italics).

3
The Filipino account of the process of creation with its rich implications for the equality of the sexes was
brought to the author’s attention by Dr. Christine Godinez-Ortega of the English Department of the College of
Arts and Social Sciences, MSU-IIT.
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While the native male (indio) is berated and given a very low regard in such accounts, the woman is held with
respect and admiration. The work of Retana (1888) is very instructive in this regard:

In general the woman does not share the apathy shown by the man; industrious by nature and
a devotee from childhood…her development surpasses that of the man in no little way…She has
a talent for business, is indefatigable, industrious, well-prepared for the eventualities and is full
of initiative. She possesses such endurance that she does the hardest work in the field instead
of men (my italics).

Summing up the overall status of women during the pre-Spanish Philippines, a quote from the work of Valdez
(1891) drives home the point:

…the law does not give her any special right or any official representation but by her own
superiority the power of custom have made her, the woman, the principal instrument of nature,
culture and power, more or less hidden which moves and directs the man in his public life and
is the one who really controls domestic society.

It is clear that the Filipino woman enjoyed an elevated status prior to the coming of Spain. This status however,
was not to last for long as colonialism knocked on Philippine shores, ruining and adulterating everything in its
wake.

Spanish Conquest and the Subordination of Women in the Philippines

The Philippines was colonized by Spain. It was a clash of cultures. In time, the indigenous culture was
hispanized. Within the colonial context, the social being of women was invested with new meanings. Santos
(1991) notes:

The new Filipina was now her father’s meek daughter, the husband’s faithful subject, the
church’s obedient servant, and before marriage, a chaste virgin who would yield only to her
husband, (and occasionally to the friar).

With the new meanings on womanhood comes the alteration of social roles that has hitherto been practiced in
the native culture:

The woman of the Spanish period was a woman tied to the house, whose main function was to
bear children…Marriage was seen as their final fate, either to escape the state of servitude from
the among or landlord, or from strict abusive parents…They did not participate in political
discussions or undertakings, such activity being deemed as the exclusive arena for men…
Religion then became the women’s overwhelming concern and sole refuge, inspiring their lives
with the martyrdom of male and female saints, cultivating in them an infinite capacity for
forbearance, suffering and forgiveness of all venial mortal and male sins, obscuring in the
process their capacity for greater involvement in things other than the hearth, home and heaven
(Santos, 1991, my italics).

Even in the supposedly hallowed ground of the church within which women supposedly found refuge, anti-
feminine ideas abound. Fr. Casimiro Dias, an Augustinian missionary of note in the Philippines thought it wise
to give warnings about women to the priests assigned in the Philippines. He warns:

Woman is the most monstrous animal in the whole of nature, bad tempered and worse spoken.
To have this animal in the house is asking for trouble…for wherever a woman is, it would seem
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impossible to have peace and quiet…Not only should parish priests of Indians abstain from
employing any woman in his home, but he should not allow any of them to enter, even if they
are only paying a call (Boxer, 1975).

Held in low regard by the Church, the women suffered the same fate from the hands of the State.
Spanish Laws were oppressive to women (Feliciano, 1996).

Spanish impositions however did not go unopposed. Jose Rizal pointedly admonished the women of
his day. He sternly reminded them to always remember that a good mother does not resemble the mother that
the friar has created (Quirino, 1940).

Women’s Movement in the Philippines

In spite of the Spanish education designed to domesticate the Filipino woman, there were those who
broke through the glass ceiling to exert their influences in history. Many women of the Katipunan as well as the
women of Malolos, Bulacan contributed to the eventual consciousness-raising among women (Santos, 1991).

In the face of the colonial efforts to subjugate the Filipino woman into a submissive being, the women
of the Philippines proved to be resilient, even stubborn in holding on to the native values which accorded them
respect. The movement to reassert themselves easily found a groundswell of support for it simply reaffirmed
Filipino womanhood in its pristine and unadulterated form. Santos (1991) catalogues the various efforts in
women organizing since 1893. She only observed a slowing down in women’s organizing in the 1950s up to the
early 1960s. She provided an explanation thus:

Since the post war years (1950s-1960s) were relative years of peace for Filipinos who saw the
electoral process as manifestation of democracy, there seemed to be no need for women to
agitate for new reforms, much less structural change in society.

This explanation offers the plausible idea that women’s involvement is triggered when there is social turmoil
that would necessitate the participation of women in restoring order. The Philippine experience with former
President Corazon Aquino’s coming into power in the midst of the tumultuous years of the Marcos dictatorship
and that of former President Gloria Macapagal-Arroyo, following into the footsteps of a beleaguered president
Joseph Estrada seem to corroborate this idea.

By the late 1960s and early 70s, the resurgence of women’s movements again became apparent. Santos
(1991), still following the same stream of arguments, notes:

… in the late 1960s another social upheaval ominously formed in our midst. The Vietnam War,
the arms race, widening gap between the rich and the poor, political instability bred by the
country’s dependence on foreign capital and unbridled graft and corruption, all signaled another
era in the long history of people’s movement. Various nationalist movements/organizations
were established precisely to rally around these causes. The call was for genuine sovereignty
and democracy.

Tumultuous times, indeed it was. The social order of the 1970s spiraled into chaos and confusion as
various threats (some real, some orchestrated, and some imagined) tended to tear apart the very fabric of
society itself. President Marcos declared martial law in 1972. The resulting demise of many social movements
brought to naught the gains in the discourse on patriarchy as a cause in the oppression of women.

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The very dictates of the economic development plans of the Marcos regime spelled out policies that
would be nightmarish to every decent woman’s movement. For one, the tourist industry has as its main
attraction and commodity the Filipino women i.e., mail order brides and hospitality girls. The very recent
statement of US ambassador to the Philippines Harry K. Thomas Jr. about the ‘fact’ that 40 percent of American
tourists come to the country for purposes of sex is an indication that such policies have really taken hold.
Although the good ambassador retracted and apologized later, the fact remains that he struck a very sensitive
nerve wired to a painful social cancer.

The Marcos years of dictatorship (1972-1986) closed down all avenues for democratic participation.
The 1986 people power revolution which catapulted Corazon Aquino to the presidency restored the lost
democratic space. With the restored political freedoms women’s movements came back with a vengeance.

In 1974, the United Nations declared 1975-1985 as the UN Decade of Women. Gender issues entered
the agenda of the international community and was concretized with the passage in 1979 of the Convention for
the Elimination of All Forms of Discrimination Against Women (CEDAW).

The CEDAW provides the basis for realizing equality between men and women through ensuring
women’s equal access, and equal opportunities in political and public life. Not only did it establish an
International Bill of Rights for Women, it also crafted an agenda for action by state parties to guarantee the
enjoyment of those rights. As of 2006, the CEDAW has been ratified by over 160 states parties including the
Philippines (UDHR 2006). So strong was the clamor for women’s rights that gender concerns is included as one
of the Millennium Development Goals (MDG) set by the United Nations which is targeted to be attained by
2015.

While the women’s decade (1975-1985) focused the world’s attention on the plight of women, it was
relegated to the backburners of policy concerns in the Philippines. The country then was at the height of martial
rule and President Marcos was desperately holding on to power. While the rest of the world responded
favorably to the UN Declaration, the Philippines was really busied by other concerns, causing so many policy
bottlenecks in as far as women rights realization are concerned.

Consequently, it was only towards the end of the UN Decade for Women (1975-1985) which coincided
with the end of the Marcos dictatorship (1984-1986) that women’s groups reasserted themselves in response
to the social turmoil and the weakening powerbase of the Marcos regime. All the events leading to the Marcos
downfall and consequently the opening up of some democratic space was triggered by the assassination of
Senator Benigno Aquino Jr. That fatal event spawned numerous women groups and rekindled among women a
fighting spirit to join forces and be visible and heard (Lanot, 1991).

The set of social forces triggered and unleashed by the assassination of former Senator Benigno Aquino
Jr. became known worldwide as the people power revolution. It catapulted out of power one of the longest
staying dictator in Asia and ushered the installation of the very first woman president in the Philippines ─
Corazon Cojuangco Aquino.

Issues concerning Corazon Aquino’s legitimacy as president necessitated the drafting of a new
Constitution for the country ─ the 1987 Constitution. Perhaps because of the UN Declaration of the International
Decade of women; perhaps because of her leadership as the first ever woman president; or perhaps simply
because of the democratic space which ushered in the proliferation of women’s movements, the Constitution
of 1987 was the very first Constitution in Philippine history that has clearly addressed the concerns of women.
As a matter of state policy:

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The state recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men’ (Article 11, Section 14).

Likewise, to ensure women’s guaranteed participation in policy making, the women sector is among the so-
called marginalized sectors given a seat in the House of Representatives through the party list system (Article
VI, section 5, paragraph 2). Cascading down to the local government units consisting of the provinces, cities,
municipalities and barangays (Article X, section1), there is a legal mandate to have women sectoral
representatives among others, in their local legislative bodies (Article X, section 9).

Moreover, the Local Government Code (LGC, 1991) specified the inclusion of women in the
Sangguniang Bayan (the legislative body of the municipality, LGC, section 446.b); in the Sangguniang Panlunsod
(the legislative body of the city, LGC, section 457.b); and the Sangguniang Panlalawigan (the legislative body of
the province, LGC, section 467.b).

The government’s commitment to empower women is concretized in the enactment of laws and plans
to mainstream their concerns in the general body politic. To this end, the Philippine Development Plan for
Women (1987-1992) was passed. Thereafter, Republic Act 7192 known as “An Act Promoting the Integration of
Women as Full and Equal Partners of Men in Development and Nation Building and For Other Purposes” was
passed in February 12, 1992. Section 2 of this Act provides for the earmarking of foreign sourced assistance for
GAD purposes.

Moreover and further on, since 1995, the allocation of the GAD budget of five percent (5%) of the total
government budget has been institutionalized through the annual General Appropriations Act. Also, the
mandate was given to local government units to organize local councils of women as avenues for women to
have access to these funds. On top of these, various specific memorandum circulars and development plans
were passed related to Gender and Development.

Clearly the struggle of women for equality has come a long way. The laws of the country, as far as
women issues are concerned are already in place substantially.

Summary

The history of women in the Philippines has already come full circle. The status of women during the
pre-Spanish Philippines was predicated on the notion of equality and partnership dictated by the social roles
played by both women and men. The dictates of economy and practicality defined man-woman relationship.

Spanish colonialism brought along with it the culture, religion and value system which unfortunately
did not augur well for women. The state imposed religion in the colony had with it so much misogynistic ideas
used as justification for the demeaning of the status of women.

Centuries of Spanish colonialism generated an intense social reaction triggering a social upheaval. The
entire process was prolonged and difficult. And yet through it all, the women of the Philippines with their
capacity for forbearance sustained the struggle. Eventually, they were able to vindicate themselves and restore
the social status of respect they once had.
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The entire legal system had already taken cognizance and addressed the very important role played by
women in nation building. What remains is whether or not such policy pronouncements get implemented on
the ground. That however, is another story.

III: EVALUATION/ REFLECTION

1. Identify customary practices in our society today which perpetuates gender inequality. How are these
practices to be dealt with?
2. Pinpoint sexist remarks that find their way in daily casual conversations. How can these remarks be
eradicated.
3. What is the role of the church in addressing GAD concerns? Is the Church as an institution a
promotive or retardative factor in GAD efforts?

IV. SOURCES

References

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Ander-Egg, Ezechiel (1880). La Mujer Irumpe en la Historia. Madrid: Marsiega. Cited in Sr. Mary John
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Berger, Peter (1972) ‘Sociology as a Form of Consciousness’ in Study of Society. Peter Rose(ed).
Boxer, C. R. (1975) Mary and Misogyny: Women in Iberian Overseas 1415-1815. London: Duckworth.
Brems, Eva (1997). ‘Enemies or Allies? Feminism and Cultural Relativism as Dissident Voices in Human Rights
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Brown, Dan (2003). The Da Vinci Code. New York: Doubleday.

Brownmiller, Susan (1975). Against Our Will. New York: Penguin Books. Cited in Sr. Mary John Mananzan, OSB
(ed), (1991). Essays on Women. Manila: The Institute of Women’s Studies, St. Scholastica College.
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Foundation, 2001)
Caharian, Mary Lou B., Caroline M. Lampanog et.al., (2001) ‘Gender Budgeting in the Philippines: A Review of
GAD Budget’ in Budlender, Debbie et.al. (Eds.) Gender Budget Trail: The Philippine Experience. Makati:
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Calderon, Jose and Expectacion Gonzales.(2006). Methods of Research and Thesis Writing.
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Corpuz, Onofre D. (1957). The Bureaucracy in the Philippines. Quezon City: University of the Philippines,
Institute of Public Administration.

Cranston, Maurice (1973). What Are Human Rights? (New York: Taplinger)

Disch, Estelle (ed.) (2000). Reconstructing Gender: A Multicultural Anthology 2 nd ed. US: Mayfield Publishing
Company.
Ebenstein, William (1969). Great Political Thinkers: Plato to the Present. Hinsdale, Illinois: Dryden Press.

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Editorial, Balai Asian Journal, Volume II No. 4, December 1985.


Elson, Diane. (1999). Gender Budget Initiative: Background Papers. Commonwealth Secretariat,
London.
Fairclough, Norman (1989). Language and Power. London: Longman Books.
Feliciano, Myrna S. (1996). ‘The Filipina: A Historical Legal Perspective’ in Women’s Role in Philippine History:
Selected Essays. Quezon City: University of the Philippines’ Press.
Gatlin Rochelle. 1987. American Women since 1945. The United States of America: Mississippi University Press.
Goetz, A. M. (1992). Gender and Administration. IDS Bulletin, Volume 23 (4)
Gomez, Maita. (1991). ‘Women’s Organizations as Offshoots of National Political Movements’, in Sr. Mary John
Mananzan, OSB (ed), (1991). Essays on Women. Manila: The Institute of Women’s Studies, St.
Scholastica College.
Gonzales Martin R. (1886). Filipinas Y Sus Habitantes (Bejar: Establiciemento Tipografico de la Viuda de Aquila.
Cited in Sr. Mary John Mananzan, OSB (ed), (1991). Essays on Women. Manila: The Institute of
Women’s Studies, St. Scholastica College.
Gracian, Balthasar quoted in C. R. Boxer (1975). Mary and Misogyny: Women in Iberian Overseas 1415-1815.
London: Duckworth. Cited in Mananzan, Mary John (1991). ‘The Filipino Woman: Before and After the
Spanish Conquest of the Philippines’ in Sr. Mary John Mananzan, OSB (ed), (1991). Essays on Women.
Manila: The Institute of Women’s Studies, St. Scholastica College.
Hare-Mustin, Rachel T. and Jeane Marecek (1994). ‘Gender and Meaning of Difference: Postmodernism and
Psychology’ in Anne C. Herman and Abigail J. Steward (eds.). Theorizing Feminism. Colorado: Westview
Press 1994.
Horton, P. and Hunt, C. (1976). Sociology. US. McGraw-Hill Inc.
Hughes, M. and Kroehler, C. (2002). Sociology: The Core. US: Mcgraw-Hill Company Inc.
Jeffries, Vincent and H. Edward Ransford (1980). Social Stratification: A Multiple Hierarchy Approach. Boston.
Allyn and Bacon Inc.

Kelly, Julian Fitzmaurice. ‘Women in 16th Century Spain’ in Revue Hispanique, Vol LXX p. 500-501.
Kourany, Janet et al. (eds.) (1999). Feminist Philosophies: Problems, Theories and Applications 2 nd Edition. US:
Prentice Hall.
Kramarae, Cheris. (1981). Women and Men Speaking> Rowley: Newbury House.
Lanot, Marra PL. (1991). ‘The Filipinas Have Come and They’re Still Coming’ in Sr. Mary John Mananzan, OSB
(ed). Essays on Women. Manila: The Institute of Women’s Studies, St. Scholastica College.
Lips, Hilary (2001). Sex and Gender. US: Mayfield Publishing Company
Lizares-Si, Andrea, Marie June Pavillar-Castro, Anabel Corral, Celia Matea R. Flor (2001). ‘On the Trail of Bacolod’s
Gender Budget (1999-2000)’ in Budlender, Debbie et.al. (Eds.) Gender Budget Trail: The Philippine
Experience. Makati: The Asia Foundation.
Lowe, Maria and Ruth Hubbard (1983). Women’s Nature: Rationalizations of Inequality. New York: Pergamon
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Scholastica College.
Merger, Martin (2002). Social Inequality: Patterns and Processes. USA. McGraw Hill Co. Inc.
Monsod, Melissa Toby (1998). Budgeting of GAD: A Review and Refocusing. (Unpublished).

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Nolasco, Cynthia (1991). ‘The Women Problem: Gender, Class and State Oppression’ in Sr. Mary John Mananzan,
OSB (ed), (1991). Essays on Women. Manila: The Institute of Women’s Studies, St. Scholastica College.
Orwell, George (1949). Nineteen Eighty-Four. London: Penguin Books.
Paterno, C.F. Pedro (1887). La Antigua Civilizacion Tagalog. Madrid: Tipografica de Manuel G. Fernandez. Cited
in Sr. Mary John Mananzan, OSB (ed), (1991)). Essays on Women. Manila: The Institute of Women’s
Studies, St. Scholastica College.
Peczon-Hernandez, Albina (1996). ‘Why Women are Invisible in History’ in Women’s Role in Philippine History:
Selected Essays: (Quezon City: The University of the Philippines’ Press, pp. 1-21.
Quirino, Carlos (1940). Jose Rizal: The Great Malayan, Manila: Philippine Foundation Co.
Retana,Wenceslao (1888). El Indio Batangueño (Manila: Tipografico de Chafe. Cited in Sr. Mary John Mananzan,
OSB (1991) (ed), Essays on Women. Manila: The Institute of Women’s Studies, St. Scholastica College.

Richter, L. (1990) ‘Exploring Theories of Female Leadership in South and Southeast Asia’, Pacific Affairs vol. 63
(4).
Sanches, Custodiosa A. (1980). Methods and Techniques of Research. Manila: Rex Bookstore Inc.
Santos, Aida F. (1991). ‘Do Women Really Hold Half the Sky’ in Sr. Mary John Mananzan, OSB (ed). Essays on
Women. Manila: The Institute of Women’s Studies, St. Scholastica College.
Tannen, Deborah. (1990). You Just Don’t Understand. New York: Ballantine Books.

Torres, Amar T., Susan T. Pineda and Madonna Carlos (2001). ‘How Much Really Goes To Women?: A Case Study
in the GAD Budget in Angeles City’ in Budlender, Debbie et al. (Eds.) Gender Budget Trail: The Philippine
Experience. Makati: The Asia Foundation.
Turner, Mark and David Hulme (1997). Governance Administration and Development: Making the State Work.
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www.unchr.ch/html.)
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Valdez, Francisco (1991). ‘El Archipelago Filipino: La Mujer Indigena’ in Ciudad de Dios 24, (1891) as cited in Sr.
Mary John Mananzan, OSB (ed). Essays on Women. Manila: The Institute of Women’s Studies, St.
Scholastica College.
Victa-Labajo, Maritona and Zenaida Galang-Eturm.(2001). ‘Participatory Local Development Planning as
Springboard to GenderRresponsive Budgeting: The Case of Surallah, South Cotabat’ in Budlender,
Debbie et.al. (Eds.) Gender Budget Trail: The Philippine Experience. Makati: The Asia Foundation.
Women Watch, 2006. ‘Women’s Right’. Women Watch Online www.un.org/womenwatch.daw/ed. Online
November 15, 2010.

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About the author:

Hilton Joyo Aguja is a faculty member of the Political Science Department, College of Arts and Social Sciences
(CASS) and was Head of the Center for Local Governance Studies (CLGS), Office of the Vice Chancellor for
Research and Extension, MSU-Iligan Institute of Technology in the Philippines from 2002-2012. He obtained his
Master of Arts in International Politics from the International University of Japan and his Master of Philosophy
and Doctor of Philosophy in International Political Economy from the University of Tsukuba, Japan. He likewise
completed an Advanced Course in Human Rights at the Mahidol University in Thailand in cooperation with the
Lund University in Sweden. Also, he completed another Advanced Course in International Humanitarian Law
from the Geneva Academy of Human Rights and International Humanitarian Law in Geneva, Switzerland.

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ANTI-SEXUAL HARASSMENT

I. OBJECTIVES

At the end of this module, at least 85% of the learners will be able to:

1. appreciate the importance of knowing their rights as students vis-a- vis those having authority over
them.
2. recognize various forms and manifestations of sexual harassment as it happens in the workplace,
educational settings and training environment.
3. protect themselves from potential harassers by knowing what to do and where to go when subjected
to sexual harassment.
4. actively participate in helping others in cases involving sexual harassment.

II. LEARNING CONCEPTS

Illustrative Article

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THE PHILIPPINE GOVERNMENT ON ANTI-SEXUAL HARASSMENT

Introduction

The impetus for the passage of the Anti-sexual Harassment Act of 1995 (RA 7877) was predicated on
the overall global effort to address issues concerning women. It is a part of a bigger government program on
gender equality subsumed under the Gender and Development (GAD) policy thrusts of the government. While
gender programs address as a whole the concerns of both men and women, these programs are initially tilted
heavily in the direction of women’s issues to address the hitherto existing inequality between women and men
(CEDAW, 1979).

Gender equality is among the major policy goals included in the Millennium Development Goals (MDG)
of the United Nations that it wishes to achieve by 2015. Apart from the MDG, various other International Legal
Instruments and Agreements were crafted even earlier to address the particular vulnerability of the women
sector. Among these agreements are the Vienna Declaration and Program of Action of the World Conference
on Human Rights (June 1993) and the Beijing Declaration and Platform for Action of the Fourth World
Conference on Women (September 1995) which reaffirmed the Universal Declaration on Human Rights
(December, 1948) on the inherent equality of humanity regardless of sex, race, religion and nationality.
Particularly reaffirmed were the human rights of women as a fundamental, inalienable, indivisible right that
must be respected, protected and preserved. These legal instruments stress the fact that all forms of sexual
harassment are incompatible with the dignity of the individual person and must be eliminated. Specifically, the
Beijing Platform for Action calls on all governments to address violence against women by “enact[ing] and/or
reinforce[ing] penal, civil, labour and administrative sanctions in domestic legislation to punish and redress…
and develop programmes and procedures to eliminate sexual harassment and other forms of violence against
women in all educational institutions, workplaces and elsewhere”.

Towards this goal, the Philippines passed Republic Act 7877 on February 8, 1995 otherwise known as
“The Anti-Sexual Harassment Act of 1995”. The law became effective on March 5, 1995, that is, ‘fifteen days
after its complete publication in at least (2) national newspapers of general circulation’.

The Anti-Sexual Harassment Act of 1995 (RA 7877)

Republic Act 7877, just like any Acts of the Republic of the Philippines, draws its reason for being from
the pronounced policy of the government enshrined in the Constitution of the Philippines. For the purpose of
the Act, its draws from Article II Section 11, of the Constitution which reads: “The State values the dignity of
every human person and guarantees full respect for human rights.”

Specifically, RA 7877 echoes the same principle in its Section 2. As a matter of state policy it reiterates:

The State shall value the dignity of every individual, enhance the development of its
human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training,
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instruction or education. Towards this end, all forms of sexual harassment in the
employment, education or training environment are hereby declared unlawful.

Defining Sexual Harassment

Sexual harassment is not primarily about sex. It is mainly about power. This underlying power equation
is reflected in the definition of sexual harassment as provided for by the Republic Act itself. Section 3 of RA 7877
provides thus:

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence
or moral ascendancy over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement
for submission is accepted by the object of said Act.

A)In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation,
terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way would discriminate, deprive
ordiminish employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
(B) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed, shall
also be held liable under this Act.

Working within premise provided by Republic Act 7877, the Civil Service Commission as the central
personnel agency of the government passed CSC Resolution No. 01-0940 on “Administrative Disciplinary Rules

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on Sexual harassment Cases” on May 21, 2001. This issuance is designed to address the “need to devise uniform
rules and regulations particularly in the definition of the administrative offense of sexual harassment and the
sanctions therefor, and the procedures for the administrative investigation, prosecution and adjudication of
sexual harassment cases” in the public sector.
The CSC Resolution provides an even more precise and detailed definition of what sexual harassment
is. Thus, Rule III, Section 3 of the CSC Resolution reads:

Section 3.For the purpose of these Rules, the administrative offense of sexual harassment is an act, or a series
of acts, involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or
physical behavior of a sexual nature, committed by a government employee or official in a work-related, training
or education related environment of the person complained of.

(A)Work related sexual harassment is committed under the following circumstances:

(1) submission to or rejection of the act or series of acts is used as a basis for any employment
decision (including, but not limited to, matters related to hiring, promotion, raise in salary, job
security, benefits and any other personnel action) affecting the applicant/employee; or

(2) the act or series of acts have the purpose or effect of interfering with the complainant’s work
performance, or creating an intimidating, hostile or offensive work environment; or

(3) the act or series of acts might reasonably be expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant who may be a co-employee, applicant,
customer, or word of the person complained of.

(B)Education or training-related sexual harassment is committed against one who is under the actual or
constructive care, custody or supervision of the offender, or against one whose education, training,
apprenticeship, internship or tutorship is directly or constructively entrusted to, or is provided by, the offender,
when:

(1) submission to or rejection of the act or series of acts as a basis for any decision affecting the
complainant, including, but not limited to, the giving of a grade, the granting of honors or a
scholarship, the payment of a stipend or allowance, or the giving of any benefit, privilege or
consideration.

(2) the act or series of acts have the purpose or effect of interfering with the performance, or
creating an intimidating, hostile or offensive academic environment of the complainant; or

(3) the act or series of acts might reasonably expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern, tutee
or ward of the person complained of.

Based on the aforementioned definition, the CSC Resolution further identified the settings in which
the offense of sexual harassment may take place. Thus, section 4 of the Resolution provides:

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Section 4.Sexual harassment may take place:

1. in the premises of the workplace or office or of the school or training institution;

2. in any place where the parties were found as a result of work or education or training responsibilities
or relations;

3. at work or education or training-related social functions;

4. while on official business outside the office or school or training institution or during work or school
or training-related travel;

5. at official conferences, fora, symposia or training sessions; or

6. by telephone, cellular phone, fax machine or electronic mail.

To specifically emphasize the effort to identify acts or behavioral manifestations that is construed as
constituting harassment, the CSC Resolution, in its Section 5, identified illustrative forms of sexual harassment
thus:

Section 5. The following are illustrative forms of sexual harassment:

(a) Physical

i. Malicious Touching;

ii. Overt sexual advances;

iii. Gestures with lewd insinuation.

(b) Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks;

(c) Use of objects, pictures or graphics, letters or writing notes with sexual underpinnings;

(d) Other forms analogous to the forgoing.

Any worker, student, or trainee or anybody who may have been subjected to sexual harassment, would
have to follow the procedural requirements in filing the necessary complaint. To this effect, Section 12 of the
CSC Resolution provides:

Section 12. Complaint.

(a) The complaint may be filed at any time with the disciplining authority of the office or agency, or
with the Committee on Decorum and Investigation. Upon receipt of the complaint by the disciplining
authority of the office or agency, the same shall be transmitted to the Committee on Decorum and
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Investigation, if there is any. In the absence of a Committee on Decorum and Investigation, the head
office or agency shall immediately cause the creation of Committee on Decorum and Investigation in
accordance with the law and rules, and transmit the complaint to the Committee.

(b) The complaint must be in writing, signed and sworn to by the complainant. It shall contain the
following:

1. the full name and address of the complainant;

2. the full name, address, and position of the respondent;

3. a brief statement of the relevant facts;

4. evidence, in support of the complainant, if any;

5. a certification of non-forum shopping.

In the absence of any one of the aforementioned requirements, the complaint shall be dismissed
without prejudice to its refiling.

Where the complaint is not under oath, the complainant shall be summoned by the Committee to
swear to the truth of the allegations in the complaint.

(c) Complaints sent by telegram, radiogram, electronic mail or similar means of communication shall
be considered non-filed unless the complainant shall comply with the requirements provided in Section
12(b) within ten (10) days from receipt of the notice for compliance.

(d) Withdrawal of the complaint at any stage of the proceedings shall not preclude the Committee from
proceeding with the investigation where there is obvious truth or merit to the allegations in the
complaint or where there is documentary or direct evidence that can prove the guilt of the person
complained of.

Any person found guilty of sexual harassment is subject to penal sanctions depending on the gravity
of the offense committed. In this respect, Rule X, Section 53 and Rule XI, Section 55, Section 56 and Section 57
provide the following:

Section 53.Sexual harassment is classified as grave, less grave and light offenses.

A. Grave Offenses shall include, but are not limited to:

1. unwanted touching of private parts of the body (genitalia, buttocks and breast);

2. sexual assault;

3. malicious touching;

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4. requesting for sexual favor in exchange for employment, promotion, local or foreign travels,
favorable working conditions or assignments, a passing grade, the granting of honors or
scholarship, or the grant of benefits or payment of a stipend or allowance, and

5. other analogous cases.

B. Less Grave Offenses shall include, but are not limited to:

1. unwanted touching or brushing against a victim’s body;

2. pinching not falling under grave offenses;

3. derogatory or degrading remarks or innuendoes directed toward the members of one sex,
or one’s sexual orientation or used to describe a person;

4. verbal abuse with sexual overtones; and

5. other analogous cases.

C. The following shall be considered Light Offenses;

1. surreptitiously looking or staring a look of a person’s private part or worn undergarments;

2. telling sexist/smutty jokes or sending these through text, electronic mail or other similar
means, causing embarrassment or offense and carried out after the offender has been advised
that they are offensive or embarrassing or, even without such advise, when they are by their
nature clearly embarrassing, offensive or vulgar;

3. malicious leering or ogling;

4. the display of sexually offensive pictures, materials or graffiti;

5. unwelcome inquiries or comments about a person’s sex life;

6. unwelcome sexual flirtation, advances, propositions;

7. making offensive hand or body gestures at an employee;

8. persistent unwanted attention with sexual overtones;

9. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense
or insult to the receiver; and

10. other analogous cases.

Section 54. The head of office who fails to act within fifteen (15) days from receipt of any complaint for sexual
harassment properly filed against any employee in that office shall be charged with Neglect of Duty.

Section 55. Any person who is found guilty of sexual harassment shall, after the investigation, be meted the
penalty corresponding to the gravity and seriousness of the offense.

Section 56. The penalties for light, less grave, and grave offenses are as follows:
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A. For light offenses:

1st offense – Reprimand


2nd offense – Fine or suspension not exceeding thirty (30) days
3rd offense – Dismissal

B. For less grave offenses:

1st offense – Fine or suspension of not less than thirty (30) days and not exceeding six (6)
months
2nd offense – Dismissal

C. For grave offenses: Dismissal

Section 57. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed
should be that corresponding to the most serious charge or count and the rest shall be considered as
aggravating circumstances.

To ensure that all workplaces, educational institutions and training facilities are secured and free from
sexual harassment, all national or local agencies of the government, state colleges and universities including
government owned or controlled corporations with original charter are mandated to create a Committee on
Decorum and Investigation (RULE VI, Section 7). The function of the said Committee is to:

(a) Receive complaints of sexual harassment;

(b) Investigate sexual harassment complaints in accordance with the prescribed procedure;

(c) Submit a report of its findings with the corresponding recommendation to the disciplining authority
for decision;

(d) Lead in the conduct of discussions about sexual harassment within the agency or institution to
increase understanding and prevent incidents of sexual harassment;

Moreover, RULE XII Section 60 of the CSC Resolution requires “All agencies of the government shall
develop an education and training program for their officials and employees and the members of their
Committee on Decorum and Investigation to increase understanding about sexual harassment, prevent its
occurrence, and ensure proper investigation, prosecution and resolution of sexual harassment cases.

Conclusion

Sexual harassment as an offense is not only about sex. It is about power relationship between the
offender and the victim. Thus, potential offenders are those having authority, influence and moral ascendancy
over their victims. The victims consequently suffer an intimidating, hostile and offensive environment which
prevents them from realizing their full potential as human beings. Since most of the victims are women, sexual

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harassment also becomes a gender issue which must be addressed by looking into the broader power
arrangements in patriarchal societies where the ideology of sexism still prevails.

III. ACTIVITY

1. Stage a play showing sexual harassment scenarios.

2. Get the name of all the members of the Committee on Decorum and Investigation in MSU-IIT and ask
them about their mandated functions. Report to class the result of your interview

IV. EVALUATION/REFLECTION

1. Download from the internet pictures that graphically capture the various illustrative forms of sexual
harassment. Explain the photos in class.

2. Explain why an otherwise innocent act be considered sexual harassment.

3. Case Analysis. Read the following actual cases on sexual Harassment:

a. Mollaneda vs. Umacob (G.R. No. 140128. June 6, 2001.). In this case, the respondent, a Department
of Education Division Superintendent in Davao City was found guilty of the charge of sexual
harassment. Why?

b. Biboso vs. Villanueva (A.M. No. MTJ-01-1356. April 16, 2001). In this case, the respondent, a Judge in
Sultan Kudarat was found innocent of the charge of sexual harassment. Why?

V. SOURCES

Anti-sexual Harassment Act of 1995 (RA 7877)

Beijing Declaration and Platform for Action of the Fourth World Conference on Women (September 1995)

Civil Service Commission, CSC Resolution No. 01-0940 on “Administrative Disciplinary Rules on Sexual
harassment Cases” May 21, 2001.

Constitution of the Republic of the Philippines, 1987.

Convention for the Elimination of All Forms of Discrimination Against Women, 1979.

Vienna Declaration and Program of Action of the World Conference on Human Rights (June 1993)

Universal Declaration on Human Rights (December, 1948)

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About the author:

Hilton Joyo Aguja is a faculty member of the Political Science Department, College of Arts and Social Sciences
(CASS) and was Head of the Center for Local Governance Studies (CLGS), Office of the Vice Chancellor for
Research and Extension, MSU-Iligan Institute of Technology in the Philippines from 2002-2012. He obtained his
Master of Arts in International Politics from the International University of Japan and his Master of Philosophy
and Doctor of Philosophy in International Political Economy from the University of Tsukuba, Japan. He likewise
completed an Advanced Course in Human Rights at the Mahidol University in Thailand in cooperation with the
Lund University in Sweden. Also, he completed another Advanced Course in International Humanitarian Law
from the Geneva Academy of Human Rights and International Humanitarian Law in Geneva, Switzerland.

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