Document #1107249
IRB – Immigration and Refugee Board of Canada (Author)
Speaking as an expert witness in a November
1995 refugee hearing of the Canadian Immigration and Refugee Board,
the executive director of Manila's Women's Crisis Centre stated
that the Filipino courts and community view domestic violence as "a
personal matter and not a crime" and assume that the woman deserves
to be beaten up as a punishment for some "terrible" action
committed (Calgary Herald 1 Dec. 1995). The executive
director also stated that cases of domestic violence are "rarely
prosecuted" (ibid.). The Women's Crisis Centre operates a ten-bed
shelter for battered women, reportedly one of the "only places in
the country" at that time for such women (ibid.).
In February 1997, however, the chairperson
of the Philippine National Commission on the Role of Filipino Women
(NCRFW) reported to the 16th session of the United Nations
Committee on the Elimination of Discrimination Against Women
(CEDAW) that the Department of Social Welfare and Development
"maintains eight homes around the country to house battered women"
(Filipino Reporter 6 Feb. 1997, 1). Furthermore, she
stated that the Philippine National Police has "established over
600 desks nationwide staffed by policewomen to act on complaints of
domestic abuse" (ibid.). The chairperson also pointed out that a
"bill curbing domestic violence is currently pending in Congress"
(ibid.). Additional information on this particular bill could not
be found among the sources consulted by the Research
Directorate.
On 30 September 1997 President Fidel Ramos
signed a new anti-rape law, under which wives can now charge their
husbands with rape (AFP 30 Sept. 1997; Asiaweek 17 Oct.
1997, 32). This law also widens the definition of rape to include
penetration by foreign objects and non-consensual oral and anal
sex, and redefines it from a crime against a woman's chastity to a
crime against a person (ibid.; AFP 30 Sept. 1997; UPI 16 Aug.
1996).
Please consult the 8 June 1995 Filipino
Reporter article for information on the various sex offences,
known as the Crimes against Chastity, under the Revised Penal Code
of the Philippines. These sex offences include rape (which is
specified as rape of a woman under 12 years old, done by force, or
if the woman is deprived of reason or unconscious), Act of
Lasciviousness or lewd and lustful acts, qualified seduction (a
crime against virgins over 12 years old and under 18 years of age),
simple seduction (if the woman is no longer a virgin, single or a
widow of good reputation) and adultery (Filipino Reporter
8 June 1995).
Additional information on domestic violence
can be obtained in the US Department of State's Country Reports
on Human Rights Practices for 1996, which is available at
Regional Documentation Centres, and in the 25 July 1996 CEDAW
report that can be accessed on the UNHCR database REFWORLD, under
UN/Treaty Bodies/CEDAW.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum. Please find below the
list of additional sources consulted in researching this
Information Request.
References
Agence France Presse (AFP). 30 September
1997. "Modernized Philippine Anti-Rape Bill Signed Into Law."
(NEXIS)
Asiaweek [Hong Kong]. 17
October 1997. Vol. 22, No. 41. Antionio Lopez Manila. "A
Victim-Friendly Rape Law: Putting the Onus on the Accused. Will it
Work?"
Calgary Herald. 1 December
1995. Final Edition. Kim Lunman. "Nanny's Fears Enough to Win
Refugee Status." (NEXIS)
Filipino Reporter [New York]. 6
February 1997. Vol. 25, No. 6. "RP Record on Women Defended at UN
Meet." (The Ethnic NewsWatch/NEXIS)
_____. 8 June 1995. Vol. 23, No. 23.
Antonio C. Campo. "Piece of Cake: RP Sex Laws More Complex." (The
Ethnic NewsWatch/NEXIS)
United Press International (UPI). 16
August 1996. BC Cycle. "Rape Cases in Philippines Rise."
(NEXIS)
Attachments
Agence France Presse (AFP). 30 September
1997. "Modernized Philippine Anti-Rape Bill Signed Into Law."
(NEXIS)
Calgary Herald. 1 December
1995. Final Edition. Kim Lunman. "Nanny's Fears Enough to Win
Refugee Status." (NEXIS)
Filipino Reporter [New York]. 6
February 1997. Vol. 25, No. 6. "RP Record on Women Defended at UN
Meet." (The Ethnic NewsWatch/NEXIS)
_____. 8 June 1995. Vol. 23, No. 23.
Antonio C. Campo. "Piece of Cake: RP Sex Laws More Complex." (The
Ethnic NewsWatch/NEXIS)
Additional Sources Consulted
Amnesty International Report
1997. 1997.
Asian Survey [Berkeley,
Calif.]. Monthly. January 1996-July 1997.
Asiaweek [Hong Kong]. Weekly.
January 1996-present.
Country Reports on Human Rights
Practices for 1996. 1996.
Human Rights Watch World Report
1997. 1996.
Keesing's Record of World
Events [Cambridge]. Monthly. January 1996-June 1997.
Resource Centre "Philippines" country
file. January 1996-present.
_____. "Philippines: Amnesty
International" country file. September 1995-present.
Electronic sources: IRB Databases,
LEXIS/NEXIS, REFWORLD (UNHCR database).
Unsuccessful attempts to contact 4 oral
sources.