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.