The Commission on Human Rights, as the Country’s Gender Ombud, celebrates the passage of Republic Act No. 11596, also known as an Act Prohibiting the Practice of Child Marriage. The passage of the Act is a gender equality and child rights milestone, establishing the Country’s commitment in abolishing traditional and cultural practices and structures that perpetuate discrimination, abuse, and exploitation. Recommendations from several reporting cycles both in the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) and the UN Committee on the Rights of the Child (CRC), have consistently urged the Philippines to review and amend current laws that allow child marriages. These expert bodies and several in country researches have consistently linked early, forced child marriages with denial of the right to education, right to health, and increased risk of abuse and exploitation, especially among girl children. The passage of the law has opened a promise of a better future to the country’s children, ensuring they fully enjoy rights without discrimination, and protecting them from forced, early marriages including those acquiesced to, and initiated by their own families.
Prior to the passage of the law, the Commission has joined fellow girl defenders in rallying support and in stressing the urgency of its passage. Several online rallies and discussions, congressional hearings, participated by former child brides, and girls and women from the Bangsamoro, indicate that the measure is widely supported by those who need it most – women and girls. The law is a measure that responded to the lived experiences of women and girls who had to endure traditional practices prejudicial to their health and well-being.
Considering all these, the Commission is very disappointed and deeply concerned that some Muslim members of the Bangsamoro Transition Authority has passed a resolution urging for a Presidential veto of RA 11596. We are alarmed that these members have unilaterally claimed that the Bangsamoro community does not support the law and that some members have claimed ‘its culture’ and thus very hard to change. We disagree. Culture is not static and neither should it be used to justify harmful practices and structures that perpetuate discrimination, abuse, and exploitation.
Here we echo the recommendations of UN expert Committees when they repeatedly recommended the amendment of our current laws allowing child marriages. Both the UN CEDAW and UN CRC expressed concern regarding the continued practice of child marriages and stressed that, as a State party to these conventions, it is our obligation to harmonize provisions of our national laws with our obligations under the Conventions.[1] CEDAW has previously urged the country to take lessons and best practices from some Muslim countries with regard to the application of sharia in line with the Convention.[2] The CRC on the other hand, recommended that ‘the State party seek, in close collaboration with indigenous and minority communities and their respective leaders, effective measures to abolish traditional practices prejudicial to the health and well-being of indigenous and minority children, such as early marriage.’[3] Both treaty bodies underline the crucial importance of women and girls’ participation in the legislative process.
In the deliberations of the law, and as borne by the records, consultations have been made, with religious leaders and communities, especially with women and girls in Muslim and indigenous communities. The Girl Defenders network, consisting of legislators, advocates and people’s organizations, many coming from Muslim and indigenous communities in Mindanao clearly attest to the urgency of the law and the support that it enjoys. During the 2020 Girl Defenders Online Rally[4], the Regional Commission on Bangsamoro Women not only supported the passage of the law but committed to submit a resolution amending the Muslim Code of Personal Laws pertaining to Child Marriages;[5] the same online rally also featured the support from women’s organizations in the Bangsamoro, some referring to child marriages as an ‘early death,[6]’ others directly calling on Bangsamoro leadership ‘to end child, early and forced marriage for the future’ of Bangsamoro children.[7] The claim then, that this law lacks support from the Bangsamoro community couldn’t be further from the truth. They can only come from individuals who refuse to acknowledge and discount the critical participation of women and girls and who continue to cling to harmful practices even as they violate basic human rights.
The Commission stands with the passage of this important legislation. We cannot allow the plea for veto to be even considered. For to entertain such plea is to nullify the success of women and girls, it is to mute their loud voices of protest and rights claiming, and it is yet another act of silencing and invalidation.
We urge the concerned members of the BTA to listen to their women and girls, to adopt a view of Sharia that is not opposed to the protection of women and girls right to health, right to education, and right to be free from violence, abuse, and exploitation. We call upon these BTA members to use the transition period of one year as provided by RA 11596 for the conduct of extensive awareness raising and development of key programs to implement the law. We urge the members of the BTA to reach out to women’s organizations and leaders, and to fulfill their obligations as duty bearers – by upholding women and girls’ rights and ensuring a continuing dialogue so that the gains of this law will be fully realized.
Lastly, the Commission expresses its commitment and support for full implementation of this measure. ###
[1] 2006 CEDAW Concluding Observations for the Philippines. CEDAW/C/PHI/CO/6 ; 2005 CRC Concluding Observations for the Philippines. CRC/C/15/Add.259
[2] 2016 CEDAW Concluding Observations for the Philippines. CEDAW/C/PHI/CO/9-8
[3] 2005 CRC Concluding Observations for the Philippines. CRC/C/15/Add.259
[4] Oxfam. Hundreds of ‘Girl Defenders’ join online rally, call for laws to end child marriage in PH. 9 October 2020. https://philippines.oxfam.org/latest/press-release/hundreds-girl-defenders%E2%80%99-join-online-rally-call-laws-end-child-marriage-ph
[5] Atty. Hannah Magondato, representative of MP Hadja Bainon Guiabar Karon, Chair, Regional Commission on Bangsamoro Women in Note 4
[6] Zahria Mapandi, Executive Director of Al-Mujadilah Development Foundation in Note 4
[7] Noraida Abo, Executive Director of UnYPhil-Women, in Note 4