25 July 2017
All Government Departments, Agencies, Bureaus, Offices, Government Owned and/or Controlled Corporations (GOCCs), Regional Line Agencies of the Autonomous Region in Muslim Mindanao, and Local Government Units (LGUs) in areas covered under Proclamation 216, s. 2017
Supplemental Guidelines on the Use of the Gender and Development (GAD) Budget to Address Gender-Related Concerns and Needs in the Recovery, Reconstruction, and Rehabilitation of the City of Marawi and Other Affected Localities
1. 0 Background
On 23 May 2017, the Maute terrorist group attacked and tried to seize control over Marawi City, Lanao del Sur. The protracted battle between the armed forces and terrorist group has inflicted casualties on the part of government forces and the civilian population, severely damaged private properties and public infrastructure and utilities, and caused the displacement of thousands of resident. The conflict has adversely affected the over-all health and well-being of residents, particularly the women, children, senior citizens, persons with disabilities, Moros, indigenous peoples (IPs) and other vulnerable groups.
2. 0 Purpose
This Memorandum Circular is issued to further guide government agencies, (especially the member agencies of the Task Force Bangon Marawi, the National Disaster Risk Reduction and Management Council (NDRRMC), the National Steering Committee on Women, Peace and Security (NSC-WPS) and the Housing and Urban Development Coordinating Council (HUDCC), and concerned LGUs) on the use of the GAD budget for the provision of gender-responsive services and the implementation of programs and projects to address gender concerns and needs arising from the crisis situation in the City of Marawi.
3. 0 Policy Guidelines
3. 1 Proclamation No. 216 (s. 2017) was issued on 23 May 2017 declaring a state of martial law and suspending the writ of habeas corpus in the whole of Mindanao for a period not exceeding sixty days;
3. 2 Recognizing the heavy damage and widespread destruction caused by the conflict in the City of Marawi, Administrative Order (AO) No. 03 (s. 2017) was issued on 28 June 2017. The AO provides for the creation of an Inter-Agency Task Force for the Recovery, Reconstruction, and Rehabilitation of the City of Marawi, and directs all departments, bureaus, offices, agencies, GOCCs and instrumentalities of government to provide full support, assistance, and cooperation to Task Force Bangon Marawi. The AO further provides that resources for this undertaking shall be sourced from available funds of the member agencies of the Task Force and other appropriate funding sources.
3. 3 Section 36.a of Republic Act (RA) No. 9710, otherwise known as the Magna Carta of Women (MCW), mandates the use of at least five percent (5%) of the agency’s or the LGU’s total budget appropriation for the implementation of GAD programs addressing gender issues and concerns based on their mandate, gender equality agenda of the government, and other GAD-related legislation, policies, and commitments.
3. 4 PCW-NEDA-DBM Joint Circular (JC) No. 2012-01 provides the operational guidelines and procedures for national government agencies in the development of GAD programs, activities and projects (PAPs) to be funded using the GAD budget. On the other hand, PCW-DILG-DBM-NEDA Joint Memorandum Circular (JMC) No. 2013-01, as amended by JMC No. 2016-01, prescribes the guidelines and procedures for LGUs in mainstreaming gender perspective in local planning, programming and budgeting.
3. 5 Specifically on women’s rights in situations of armed conflict, Section 9.b of the MCW provides that “women shall have the right to protection and security in situations of armed conflict and militarization. Towards this end, they shall be protected from all forms of gender-based violence, particularly rape and other forms of sexual abuse, and all forms of violence in situations of armed conflict. The State shall observe international standards for the protection of civilian population in circumstances of emergency and armed conflict.” Furthermore, Section 10 states that “women have the right to protection and security in times of xxx crisis situations especially in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall provide for immediate humanitarian assistance, allocation of resources, and early resettlement, if necessary.”
3. 6 Republic Act No. 10121, otherwise known as the Disaster Risk Reduction and Management (DRRM) Act, classifies situations such as the current situation in the City of Marawi as a human-induced disaster, and mandates the State to ensure that disaster risk reduction measures are gender-responsive. Further, the National Disaster Risk Reduction Management Plan (NDRRMP) for 2011-2018 recognizes that gender mainstreaming must cut across the four (4) DRRM pillars: prevention and mitigation, preparedness, response, and recovery and rehabilitation.
3. 7 The Philippine National Action Plan on Women, Peace and Security (NAPWPS), 2017-2022, focuses on two pillars: Empowerment and Participation, and Protection and Prevention. For the first pillar, the plan identifies action points to be undertaken by government and non-government actors to ensure that “(w)omen and girls, through meaningful participation and leadership, are active agents of change in conflict transformation and post-conflict development.” For the second pillar, the action points are focused on ensuring that the “human rights of women and girls are protected at all times — before, during, and after various conflict situations — and that incidence of violence against women (VAW) that violate human rights and international humanitarian law are prevented.” Supplemental guidelines to the PCW-NEDA-DBM JC No. 2012-01 are provided under PCW-OPAPP JMC No. 2014-01 for the integration of women, peace and security PAPs in annual GAD plans and budgets (GPBs) and GAD accomplishment reports (GAD ARs).
4. 0 Specific Guidelines
4. 1 In line with the provisions of the laws and policies identified under Section 3.0, government agencies, GOCCs, and LGUs are enjoined to review and calibrate, as necessary, their annual GPBs to be able to respond to gender issues and needs of the affected population of the crisis situation in the City of Marawi and other affected localities. They should also ensure that their policies, processes, systems and procedures in carrying out response, recovery, reconstruction, and rehabilitation functions are gender-responsive.
4. 2 To be able to properly identify gender issues, concerns and needs in conflict-affected/post-conflict areas and situations, concerned agencies and LGUs shall collect, generate and/or utilize gender statistics and sex-disaggregated data. These shall be used as one of the basis in conducting gender-sensitive conflict analysis to identify gender issues, and in planning and programming appropriate interventions. In the identification of gender issues and development of corresponding PAPs, due consideration and sensitivity shall be given to the affected population’s or stakeholders’ culture, ethnicity, religion, disability, age and other social status.
4. 3 Priority shall be given to addressing practical gender needs and issues of affected population, which include, but are not limited to, the following:
4.3.1 Hygiene kits, especially for internally displaced persons in camps and evacuation centers, which contain at least the following items:
220.127.116.11 Bath soap
18.104.22.168 Laundry soap
22.214.171.124 Rubbing alcohol
126.96.36.199 Sanitary napkins (for women)
4.3.2 Creation of gender-responsive facilities and mechanisms in evacuation centers and camps, such as women- and child-friendly spaces, Women and Children Protection Desks, breastfeeding and lactation stations, and separate functional and well-lit latrines latrine for males and females;
4.3.3 Psychosocial support and comprehensive health services, including the provision of the Minimum Initial Service Package for Reproductive Health (MISP); and
4.3.4 Protection mechanisms against gender-based violence and abuses such as rape, prostitution, and trafficking in persons, among others.
4. 4 In relation to Section 3 of AO No. 03 (s. 2017), gender issues and corresponding PAPs shall be identified and implemented by concerned agencies and LGUs on the following areas: health and social welfare, business and livelihood, housing, reconstruction, and/or peace and order: Provided, that the gender issues and corresponding PAPs shall be in line with the agency’s or LGU’s mandates.
4. 5 Implementing agencies are also highly encouraged to assess their existing programs and projects for the recovery, reconstruction, and rehabilitation of the city of Marawi using the Project Implementation, Management, Monitoring and Evaluation (PIMME) checklist of the Harmonized Gender and Development Guidelines (HGDG) tool to ensure the program/project’s gender-responsiveness. Results of the PIMME assessment may be used to attribute a portion of the program/project’s annual expenditure to GAD. Details on the attribution of program/project cost to GAD are provided under Section 6.0 of PCW-NEDA-DBM JC 2012-01 and Section4.1.C.4 of PCW-DILG-NEDA-DBM JMC 2013-01, as amended by JMC 2016-01.
4. 6 Funds for the implementation of GAD PAPs may be charged to the agency’s or LGU’s GAD budget, following the appropriate guidelines on GAD planning and budgeting and subject to existing government accounting rules and regulations. Said PAPs shall be included and reflected in the agency’s/LGU’s 2017 GAD Accomplishment Report (AR).
4. 7 Heads of government agencies and LGUs are requested to cascade this Memorandum Circular to their responsible officers, committees and GAD focal point system (GFPS).
4. 8 For guidance and appropriate action.