IRR for Safe Spaces Act signed

October 28, 2019

Senator Risa Hontiveros, with 13 government and non-government agencies, inked the Bawal Bastos Implementing Rules and Regulations (IRR) of Republic Act 11313 or the Safe Spaces Act on Monday.

Hontiveros, head of Senate Committee on Women, Children, Family Relations and Gender Equality, and former House committee counterpart  Rep.Bernadette Herrera Dy headed the signing of the IRR of the act - which was signed by President Rodrigo Duterte into law on April 17, 2018.

Among the government agencies who signed were the Commission on Higher Education (CHEd); Commission on Human Rights (CHR); Department of Education (DepEd); Department of Health (DOH); Department of Information and Communications Technology (DICT); Department of Labor and Employment (DOLE); Department of Interior amd Local Government (DILG); Department of Social Welfare and Development (DSWD); Land Transportation Office (LTO); Metro Manila Development Authority (MMDA); Philippine National Police (PNP); and Technical Education and Skills Development Authority (TESDA).

Women's organization took part in the inking. Included in these organizations were Democratic Socialist Women of the Philippines (DSWP); Philippine Commission on Women (PCW); Sentro ng Alternatibong Lingap Panlegal (SALIGAN); and Women's Legal and Human Rights.

The IRR will be effective 15 days after publication.

Hontiveros said the signing of the Bawal Bastos IRR is a game changer.

"If fully implemented, it will promote progressive changes in many aspects and levels. It will reform our laws and policies on gender-based harassment. It will change our behavior and the language we use towards women and LGBT," she said.

"This will push new and positive culture among Filipinos replacing the culture of impertinence and violence," she added.

According to PCW Chair Rhodora Masilang-Bucoy, the signed IRR for the Safe Spaces Act expanded the Republic Act 7877 or the Anti Sexual Harassment Act of 1995.

"It only covered working, educational, training environment and those in authority, influence, and moral ascendancy," Masilang-Bucoy explained.

"Now you can file a sexual harassment case against a peer. You can file or be filed a case by a student, professor, or teacher. (The IRR of RA 11313) now also cover (cases committed in) public spaces, the alleys, restaurants, and even running vehicles," she added.

Masilang-Bucoy added that as of 2018 National Demographic Survey, general cases of violence against women has been decreasing. She also noted that most cases were unreported by the victims.

On an approximated 40,000 cases of harassment, she said most of it will fall under violation of Republic Act 9262 or Anti-Domestic Violence. About one fourth meanwhile are cases of rape and 30 percent are sexual harassment.

"It showed that persistence on violence against women continue. Among those who experience violence about 41 percent do not report, they remain silent. That is something very very disturbing," she said.

Although the law and the newly-signed IRR won't make instant and drastic changes on the statistics of reported cases, the PCW chair said it may help in raising the awareness on sexual harassment - which may happen to anyone and anywhere.

"It's not automatic that the women will be empowered or people will have greater awareness but we'll make use of the passage of the law as an avenue to raise awareness on sexual harassment and that this happens anywhere," she reiterated.

Some punishment stated in the Safe Spaces Act include: For gender based sexual harassment in streets and public spaces or acts such as wolf-whistling, catcalling, leering, cursing, unwanted invitations, misogynistic, transphobic, and sexist slurs, etc: a fine of P1,000 to 10,000 and 12 hours of community service to six to 10 days of arresto menor depending on the degree of offense.

For acts such as offensive body gestures, exposing private parts for sexual gratification, threatening, public masturbation, groping, and similar sexual acts: a fine of P10,000 to 20,000 with 12 hours of community service to one month and six days of arresto menor depending on the degree of offense.

For acts such as stalking accompanied with unwanted and offensive touching of any part of victim's body: P30,000 to 100,000 fine with one month and six months to maximum period of arresto mayor depending of the degree of offense.

PCW said all accused sexual offenders or harassers that were proved guilty under the due process or rule of law will be punished.

"No one is exempted in the application of the law. From the topmost to lowest level of bureaucracy should be part of changing of mindsets changing of norms because these norms could define one's behaviors," the PCW chair said. Cristina Eloisa Baclig/DMS