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Reproductive Rights Activists Appeal to Six United Nations Special Rapporteurs Regarding Reproductive Rights Violations in Manila

Posted on October 19th By CEDAW

October 13, 2009, Manila — On March 27, 2009, the Philippine-based Task Force CEDAW Inquiry led by EnGendeRights and WomenLead,[i] the Center for Reproductive Rights[ii] and International Women’s Rights Action Watch, Asia-Pacific (IWRAW-AP),[iii] submitted a request to six United Nations Special Rapporteurs (UNSRs) requesting for an Urgent Appeal to be transmitted to the Philippine government and seeking a fact-finding country visit to investigate reproductive rights violations related to Manila City Executive Order 003 (“EO 003”).[iv] The goal in submitting the request was to draw the UNSRs attention to the grave violations perpetrated in Manila City by the Philippine government against women and their families.

The request for an Urgent Appeal was submitted to six UN Special Rapporteurs, namely, health, violence against women, education, human rights defenders, freedom of religion or belief, and the Independent Expert on extreme poverty.

The submission to the UNSRs raised reproductive rights violations in Manila City arising out of then-Mayor Atienza’s issuance of EO 003 and the continued implementation of said EO under Mayor Lim. As alleged in the submission to the UNSRs, this EO has “in practice resulted in a ban on modern contraceptives from all the Manila-run public health facilities and a denial of information or referral on family planning services,” Because women of low socioeconomic status cannot afford family planning services from private clinics, the EO has impermissibly prohibited access to modern family planning methods for such women. The request to the UNSRs elaborated, “Testimonies provided by doctors indicate that they frequently witness pregnancy complications and maternal mortality and morbidity as a result of women’s limited access to reproductive health care.”

The EO has had dire consequences for poor women in Manila, in part because nearly half of all Filipino women have an unmet need for contraception.[v] The submission alleged violations to women’s human rights, including the rights to life, health, self determination and bodily integrity, education, adequate standard of living, freedom from violence, freedom of religion and belief, and the right to promote and protect human rights. The request to the UNSRs highlighted the pervasive effects of the EO such as “unwanted pregnancies, complications arising from lack of access to safe and legal abortion, maternal mortality and morbidity, lack of education and employment opportunities, hunger and poverty for women and their families.”

The UNSRs, which fall within the Office of the United Nations High Commissioner for Human Rights, operate under special procedures that allow them to review human rights violations.[vi] Typically, the UNSRs receive complaints of human rights violations and issue urgent appeals to the governments to address the violations; in addition, UNSRs perform country visits to examine the national human rights situation.

The submission to the UNSRs requested an Urgent Appeal to be transmitted to the Philippine government to repeal the EO, enact the Reproductive Health bill, and provide full access to reproductive health information and services, as well as a country visit to the Philippines, to look into the effects of the EO on women’s human rights. Atty. Clara Rita Padilla, Executive Director of EnGendeRights and co-convenor of the Task Force CEDAW Inquiry, said, “Allowing a visit by the Special Rapporteurs is a step towards the Philippines compliance with the international human rights standards.”

For country visits by UNSRs, the host country agrees to a visit or better yet issues a standing invitation to the United Nations Human Rights Council (UNHRC). This standing invitation is an open invitation that allows the UNSRs to conduct investigations and visits to the country. The host country is expected to allow the UNSRs freedom of movement within the country; freedom of inquiry; contacts with government authorities; contacts with NGOs and the media; confidential contact with witnesses of human rights abuses; full access to all relevant documentary material; and, assurances that individuals who have been in contact with the UNSRs will not be harassed or punished.[vii]

The UNSRs will review the submission, and will decide whether to issue an Urgent Appeal and conduct a country visit. Should the UNSRs request to visit the Philippines, the government must allow them, to ensure Philippine compliance with international human rights standards.[viii] Thus far, UNSRs have issued reports on human rights in the Philippines regarding the human rights of migrants, internally displaced persons, rights of indigenous people, and extrajudicial killings.[ix]

The UNHRC urged the Philippine government to issue a standing invitation during the 2008 UNHRC First Universal Periodic Review on the Philippines. At present, the Philippine government has not complied.

According to Atty. Padilla, “A visit by the UNSRs is extremely important in ensuring reproductive rights for all Filipino women, and would be a major step in holding the Philippine government accountable for their reproductive rights violations.”

Tags: CEDAW, reproductive rights, United Nations Special Rapporteurs

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