|Title:||AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT CODE OF ANGELES CITY, AND FOR OTHER PURPOSES.|
|Author:||Councilor Maricel M. Morales|
|Approved Date:||December 29, 2011|
WHEREAS, International Conferences like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child gave recognition and protection for women and children’s rights; (1979)
WHEREAS, the Philippines is one of the signatories to the treaties adopted in these conventions, and as such has adopted numerous measures to abide by the provisions of the said treaties;
WHEREAS, Article II, Section 14 of the 1987 Constitution states that, “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men”; (1987)
WHEREAS, Article XIII, Section 14 of the 1987 Constitution states that, “The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation”; (1987)
WHEREAS, the Women in Development and Nation Building Act (RA 7192) mandates the mainstreaming gender equality and women’s empowerment as part of government policies and services; (Feb. 12, 1992)
WHEREAS, Republic Act 7610, Provides For Strong Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for other purposes, (June 17, 1992);
WHEREAS, Republic Act 7877 also known as Anti-Sexual Harassment Law states that Sexual harassment is Unlawful in the Employment, Education or Training Environment; (Act of 1995)
WHEREAS, Republic Act 8353 Expands the Definition of the Crime of Rape, Reclassifying the same as a Crime Against Persons, Amending for the Purpose Act No. 3815, as amended, Otherwise known as the Revised Penal Code, and for other purposes. (September 30, 1997)
WHEREAS, Section 28 of the 1998 General Appropriations Act (RA 8522) and the Local Budget Memorandum No. 28 dated June 15, 1997 likewise directs all departments, bureaus, offices, agencies, instrumentalities, and the local government unit to set aside a minimum of five (5) percent out of their Annual and Supplemental Appropriation to be used for programs, projects and activities designed to address gender issues in accordance with RA 7192; (March 6, 1998)
WHEREAS, the Philippines is also one of the signatories to the Millennium Declaration signed in September 2000 during the United Nations’ Millennium Summit where the Millennium Development Goals was adopted; (September 6-8, 2000)
WHEREAS, in support of the State policy, the city government shall adhere to R.A. 8972, otherwise known as the Solo Parents’ Welfare Act of 2000, to develop a comprehensive program for social development and welfare services for solo parents and their children;
WHEREAS, Republic Act 9208 Institutes policies to Eliminate Trafficking in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanisms for the Protection and Support of Trafficked Persons, Providing Penalties for its Violations, and for Other Purposes; (May 26, 2003)
WHEREAS, Republic Act 9262 Defines Violence Against Women and Their Children, Providing for protective Measures for Victims, Prescribing Penalties Therefore and for other purposes; (March 8, 2004)
WHEREAS, Republic Act 9344 also known as Juvenile Justice and Welfare Act of 2006, states: The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency. (March 22, 2006)
WHEREAS, the Philippines is committed to promote gender equality and the empowerment of women, as part of the overall efforts to combat poverty and hunger to stimulate sustainable development as provided for in R.A 9710 otherwise known as Magna Carta of Women; (August 14, 2009)
WHEREAS, Joint Memorandum Circular No. 2010-2 dated December 9, 2010 states the Guidelines in the Establishment of a Violence Against Women and Children (VAWC) Desk in Every Barangay in accordance to Section 12 D, Rules and Regulations implementing the Magna Carta of Women provides for the establishment of a VAW Desk in Every Barangay to ensure that violence against women are fully addressed in a gender responsive manner;
WHEREAS, the City Government of Angeles is one of the first cities to adopt a Gender and Development Program and officially organized the Gender and Development Council and Gender and Development Office through the passage of Ordinance No. 82 S-98 as amended by Ordinance No. 90 S-99;
WHEREAS, City Government of Angeles is committed to support the policies and program defined in the Philippine Plan for Gender-Responsive Development 1995-2025 (E.O. 273);
WHEREAS, in recognition of the initiatives and concerted efforts of NGOs with services and programs for women and children such as Angeles City Women Coordinating Council (ACWCC), a development framework and plan for the women of Angeles City has been formulated thus resulting in the passage of this Ordinance;
WHEREAS, there is a need to formulate a Gender and Development Code for the City of Angeles in order to promote gender-responsive governance, institutionalize the protection of the democratic rights of women and children; and pursue women’s economic empowerment;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Angeles City in session assembled:
Article A. Title and Policies.
Section 1.01. Title. - This Ordinance shall be known as “The 2011 Gender and Development Code of Angeles City”.
Section 1.02. Statement of Policies. –
d.1. Right to be protected against all forms of violence and coercion against their person, their freedom, their sexuality, and their individuality;
d.2. Right to freely and fully participate individually or collectively in the political processes of their communities, the city and the nation;
d.3. Right to economic welfare and security;
d.4. Right to acquire the necessary knowledge and the means to fully exercise their respective choices according to their beliefs and preferences;
d.5. Right to choose a spouse in accordance with their values and preferences, maintain equality in marriage or its dissolution, and obtain adequate support for rearing and caring of their children;
d.6. Right to an adequate, relevant and gender fair education from childhood to adulthood;
d.7. Right to proper nutrition and health care;
d.8. Right to humane living condition;
d.9. Right to nurture their personhood, to secure an image of themselves as whole and valuable human beings, to build relationships based on respect, trust and mutual respect;
d.10. Right to equality before the law in theory as well as in practice.
Section 1.03. Policy Directions. - To accomplish the aforementioned policies, the City Government of Angeles shall formulate programs, projects and strategies that will:
a. Strengthen the implementation of all international and national, special statutes, rules and regulations, memoranda, circulars, and other issuances promoting gender equality, sexuality, reproductive health and rights;
b. Mainstream gender concerns in the formulation of development plans, programs, policies and activities;
c. Step-up gender-sensitivity awareness campaigns and programs on gender issues and concerns;
d. Reinforce GO-PO-NGO-PS cooperation to maximize the effectiveness of programs and services addressing Gender and Development concerns;
e. Support and increase the participation of grassroots women including the women of indigenous cultural communities in planning, implementation, monitoring and evaluation of development programs;
f. Recommend appropriate programs that are gender-sensitive at all academic levels;
g. Ensure gender responsive relief and rehabilitation programs with special focus on women’s and children’s needs;
h. Involve men in family planning programs, health and child care and nutrition concerns and engage them in projects that will enhance the well-being of the family;
i. Orient and educate the manpower resources of commercial establishments, schools, other government agencies and the local mass media and advertising agencies and encourage them to promote gender development in their respective fields of endeavor;
j. Set up crisis intervention centers and shelters in the City of Angeles for victims of violence against men, women and their children and other social conflicts especially the survivors of violence against women and children;
k. Institutionalize capability-building programs among women in the barangay level so as to enable them to gain confidence to participate in the community projects and in making their opinions heard by the decision-making bodies;
l. Create the necessary mechanisms to enable indigenous women to participate in development programs and gain access to non-traditional sources of livelihood, credit financing, productive skills and technologies.
Section 1.04. Definition of Terms. – The definition of terms and phrases shall be reflected in the different ordinances comprising this Code.
GENDER AND DEVELOPMENT
Article A. CREATING THE CITY GENDER AND DEVELOPMENT (GAD) COUNCIL OF ANGELES CITY, DEFINING ITS POWERS AND DUTIES.
Section 2A.01 . Definition of Terms. For purposes of this Ordinance, the following shall mean:
Section 2A-02. Creation of the Gender and Development (GAD) Council . There is hereby created a Gender and Development (GAD) Council in the City of Angeles at the City level only;
Section 2A-02.A. Composition of the GAD Council. The City Gender and Development Council shall be headed by the City Mayor as the Chairperson and co-chaired by an elected Chairperson from the representative of women NGOs in the city who must not be a government employee either appointed or elected. The Co-Chairperson shall have the authority to preside in the absence of the Chairperson and submit for approval any and all recommendations of the members of the Council to the Chairperson. The Council shall be composed of the following members:
Section 2A.03. Representation of Women Non-Governmental Organization. Within a period of sixty (60) days from the start of the organization of the GAD Council, the women non-governmental organizations (WNGO’s) shall choose from among themselves their representation in the said council. (Sec.2A.04a)
Section 2A.04. Eligibility/Criteria for the accreditation of Women’s Non-Governmental Organizations. The local sanggunian and city.
d.1. City mayor or city council through a city resolution;
d.2. Affiliation to city, provincial, regional or national registrations;
d.3. CDA or SEC registration;
Section 2A.05. Secretariat. – There is hereby constituted for Gender and Development Council a secretariat which shall be responsible for providing technical support, documentation of proceedings, preparation of reports and other assistance as may be required in the discharge of its functions. The GAD Council may avail of the services of any non-governmental organization or educational or research institution for this purpose; (Sec. 6a) The City GAD Council shall in coordination and consultation with the different agencies of the government particularly the National Commission on the Role of Filipino Women and the National Economic and Development Authority formulate its own Gender and Development Programs/Projects;
Section 2A.06. Powers and Duties of the GAD Council. – For the proper implementation of the GAD plans and to ensure the promotion of the welfare of the women sector, the GAD Council shall exercise and perform the following powers and duties:
Section 2A.07. Meetings and Quorum. The GAD Council shall meet once a month or as often as may be necessary. When both chairpersons are present, the City Mayor as matter of protocol shall be given preference to preside over the meeting. Fifty percent (50%) plus one (1) constitutes the quorum of the Council. The chairperson or the co-chairperson may call a special meeting at any time as the exigencies of the program may require.
Section 2A.08. Women’s Month. The celebration of the women’s month shall be held every 8th day of March. A mandatory non-working holiday shall be declared in public office/s of the city government for the celebration of the women’s month, to which an amount shall be appropriated necessary and sufficient to cover the expenses which shall be incurred by reason thereof subject to the existing accounting rules. (Sec 9a)
Section 2A.09. Executive Committee. The GAD Council shall create an executive committee to represent it and act in its behalf when it is not in session. The composition of the executive committee shall be as follows: (Sec. 10a)
b.1. Ensure that the decision of the council are faithfully carried out and implemented;
b.2. Act on matters requiring immediate attention or action by the council;
b.3. Formulate policies, plans and programs based on the general principles laid down by the council;
b.4. Act on other matters that may be authorized by the council;
b.5. All decisions emanating from the council must be a product of a democratic process;
b.6. All decisions on the council should be decided by the majority vote of the members of the executive committee;
b.7. Integrate and monitor the GAD Plans;
b.8. Points to steer and oversee gender mainstreaming in the GAD Plan;
b.9. To exercise such other powers and duties as the law may provide; necessary in the proper implementation of the programs;
Section 2A.10. Relation of GAD Council to the Sanggunian and the Regional Focal Point Agency.
Section 2A.11. Sectoral and Functional Committee. The GAD Council may form sectoral and
functional committees to assist them in the performance of their functions. It can also create and
organize a core group of GAD advocates or GAD Focal points to steer and oversee gender
mainstreaming in the GAD Plan.
Section 2A.12. GAD Budget.
Section 2A.12.A. The annual GAD Budget shall give priority to the following:
b. Health, Nutrition and Family Planning;
Section 2A.12B. The GAD Budget may be used for the following budget items:
Section 2A.12C. The Accounting/Budget Office shall furnish the various GAD Councils’ information on financial resources and budgetary allocations applicable to their respective jurisdictions to guide them in their planning functions. Particularly, 5% of the general appropriation for the year shall be allocated annually for the programs and projects strictly of the GAD Council in accordance with the implementing guidelines as stated below.
Section 2A.12D. The minimum of five percent (5%) of the GAD Fund shall be used for
The following purpose/s:
a.1. Situation analysis which identifies (a) differences or similarities in women’s and men’s conditions; (b) practical gender needs; (c) strategic gender needs and (d) potential and constraints to women’s ability to participate in and benefit from Programs, Projects and Activity (PPA);
a.2. Determines gender goals and set targets for women’s empowerment towards reducing gender inequality;
a.3. Strategies include ways to enhance women’s participation in and benefits from PPA’s and gender sensitivity training;
a.4. Activities aim to include both men and women; and where needed, new activities for women are designed;
a.5. Budgets must be allocated for gender-related activities, with respect to priority thrusts in relation to practical gender needs particularly of women and in consideration of the over-all city women development plan;
a.6. Conducting seminars or gender sensitivity and gender-responsive planning;
b.1. ADVOCACY and TRAINING. These are activities that develop awareness and support for GAD, equip development workers with skills required for gender mainstreaming, and sustain interest and concern for gender issues and gender focused undertakings.
b.2. PROGRAM PLANNING. These are activities provide planners with skills, guidelines and instruments to ensure that gender-responsive programs and projects are drafted and implemented.
b.3. DEVELOPMENT OF A GENDER-RESPONSIVE DATA and INFORMATION SYSTEM. These are activities make available data and information needed for designing, implementing, monitoring and evaluating GAD efforts. They involve reviewing and reformulating specific indicators to assess how programs and projects address gender issues.
c.1. Women’s health and safe motherhood programs and projects;
c.2. Skills training for women;
c.3. Crisis center for women;
c.4. Training women in non-traditional trades;
c.5. Provision of technical (i.e. providing gender neutral textbooks) and financial resources for women;
c.6. Mobilization and organization of women;
c.7. Counseling and therapy for women;
Section 2A.13. GAD OFFICER. The necessity to employ the services of an academically prepared and competent GAD OFFICER is a must. Hence no person shall be appointed as GAD Officer unless he/she is a citizen of the Philippines, a resident of the city government concerned of good moral character, a holder of a college degree from a reputable college or university, and a first grade civil service eligible or its equivalent. The GAD Officer shall be appointed by the mayor based on the aforementioned qualifications and shall receive such remuneration equivalent to a salary grade 20.
The GAD Officer shall:
PROTECTING AND PROMOTING WOMEN AND CHILDREN’S HUMAN RIGHTS.
Article A. PROMULGATING POLICIES AND MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS/STI IN ANGELES CITY, STRENGTHENING THE ANGELES CITY AIDS COUNCIL, PROVIDING FOR ITS POWERS AND FUNCTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES.
Section 3A.01. Short Title