by Nina Somera, Isis International

Philippine leader Gloria Macapagal Arroyo signed the Magna Carta of Women (MCW) into law last 14 August 2009 at the presidential palace in Manila. Now known as Republic Act 9710, MCW is meant to be a comprehensive law on women's human rights. It strengthens existing laws on violence against women and children, rape, labour migration and many others.

According to the Philippine National Commission on the Role of Filipino Women Chair Myrna Yao, “The Magna Carta of Women is a landmark law because the Philippines will now have a national framework for the implementation of the provisions of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), considered as the international bill of rights for women."

One of its prominent provisions is Section 13 on equal access and elimination of discrimination in education, scholarships and training. The provision prohibits any school from dismissing and expelling students who became pregnant out of wedlock. Part of Section13 (c) reads: “No school on the account of her having contrasted pregnancy outside of marriage during her term in school.”

The law also provides a “special leave” that may extend up to two months for women who had to undergo surgery because of gynecological orders. Some provisions under Section 32 on the protection of the girl-child also mandate the “equal access” of Moro and indigenous girl-children in Madaris, schools of living culture and traditions and the regular schools as well as the development of “gender-sensitive curriculum, including legal literacy and books” in any educational centers.

Despite these, many women remain unhappy with the process behind the Magna Carta for Women. Ana Maria Nemenzo of Task Force Magna Carta shared, “I am so disgusted and frustrated with the intervention of the church in corrupting a secular and credible legislative process.” The Catholic hierarchy allegedly inserted terms that were not in the reconciled bill of the two houses of congress, the House of Representatives and the Senate.

After a reconciled bill which should have been the final version was produced, a cardinal is said to have insisted the inclusion of the word “ethical” in the section on reproductive health. Section 17 (b) (3), pertaining to “Comprehensive Health Information and Education,” now reads: “The State shall provide women in all sectors with appropriate, timely, complete and accurate information and education on...women's health...with due regard...to ethical, legal,safe and effective family planning.” It is for this reason that some feminists have opted to disengage with the process.

The tiff with the conservative Catholic church that resulted to the omission of a definition of “gender” which some regard as a weakness especially in appreciating gender-based violence and discrimination.

Nemenzo was one of the several key civil society figures who did not attend the signing of RA 9710 in the presidential palace. While she still considers the Magna Carta of Women “a good framework bill,” she bares her opposition to Macapagal-Arroyo, who has been unsupportive of the more crucial reproductive health bill that remains pending in congress.

Nonetheless, many women are still keen in participating in the drafting of the laws' implementing rules and regulations (IRR), or implementing mechanisms and pursuing other equally important women's issues. Citing the Task Force's contribution of important provisions to the Magna Carta of Women, she added, “One can still do something.”

Sources:
Interview with Ana Maria Nemenzo (28 August 2009).
NCRFW (14 August 2009). “PGMA signs Magna Carta of Women.”
Republic Act 9710: An Act Providing for the Magna Carta of Women , copytext