2024 Safe Spaces ASH Framework Muntinlupa City

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Orientation & Consultation with Barangays

on the Mechanisms
for the Implementation
of City Ordinance 2023-077
“Respeto sa Kapwa Muntinlupeño”
relative to RA 11313 Safe Spaces Act
Objectives
What to expect today?

● Establish referral network and process flow mechanisms across all concerned offices/ departments/ units in line
with the RA 11313, its IRR and City Ordinance on Safe Spaces

● Identify point-to-point offices and personnel to observe ASH roles and duties most especially on the Intake /
Reporting and Response / Processing for appropriateness of actions and deliverables

● Designate TWG and focals to undertake further enhancement and completion of the Muntinlupa City’s Safe
Spaces Manual of Operations – to be cascaded to barangays, schools, communities and business establishments
Salient Features of RA 11313
Re: Implementing Agencies
& Defined Authorities
for reporting and response
Gender-based Sexual Harassment (GBSH)

5 TYPES:

• Gender-based Streets and Public Spaces Sexual Harassment


• Gender-based Online Sexual Harassment
• Qualified Gender-based Streets, Public Spaces and Online Sexual
Harassment
• Gender-based Sexual Harassment in the Workplace
• Gender-based Sexual Harassment in Educational and Training
Institutions
Gender-based STREETS AND PUBLIC SPACES Sexual
Harassment

• Committed through any unwanted and uninvited


sexual actions or remarks against any persons
regardless of motive for committing such
actions or remarks
Gender-based STREETS AND PUBLIC SPACES Sexual
Harassment
Includes the following, among others:

• Catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic,


homophobic and sexist slurs
• Persistent uninvited comments or gestures on a person’s appearance
• Relentless requests for personal details
• Statement of sexual comments and suggestions
• Public masturbation or flashing of private parts, groping, making offensive body
gestures at someone, and other similar lewd sexual actions
• Any advances, whether verbal or physical, that is unwanted and has threatened
one’s sense of personal space and physical safety, such as cursing, leering,
intrusive gazing, taunting
• Persistent telling of sexual jokes and use of sexual names
• Stalking
Gender-based ONLINE
Sexual Harassment

• Refers to online conduct targeted at a particular person


that causes or is likely to cause them mental, emotional,
or psychological distress, and fear of personal safety, as
well sexual harassment acts including unwanted sexual
remarks and comments, threats, uploading or sharing of
one’s photos without consent, video and audio
recordings, cyberstalking, and online identity theft
Gender-based ONLINE
Sexual Harassment
Includes the following, among others:

• Physical, psychological, and emotional threats, unwanted sexual


misogynistic, transphobic, homophobic, and sexist remarks and
comments online whether publicly or through direct and private messages
• Invasion of the victim’s privacy through cyberstalking and incessant
messaging
• Uploading and sharing without consent of the victim any form of media
that contains photos, voice, or video with sexual content
• Any unauthorized recording and sharing of any of the victim’s photos,
videos or any information online
• Impersonating identities of victims online or posting lies about victims to
harm their reputation
• Filing false abuse reports to online platforms to silence victims
QUALIFIED Gender-based Sexual Harassment
GOSH is considered QUALIFIED by any of the following circumstances:

• If act takes place in common carrier or public utility vehicle (PUV) – including but not
limited to jeepneys, taxis, tricycles, or app-based transport network vehicle services,
where the perpetrator is the driver of the vehicle and the offended party is a passenger;
• If offended party is a minor, a senior citizen, or a person with disability (PWD), or a
breastfeeding mother nursing her child
• If the offended party is diagnosed with a mental condition tending to impair consent;
• If the perpetrator is a member of the uniformed services (PNP, AFP, etc.), and the act
was perpetrated while the perpetrator was in uniform; such that persons who belong to
reserve units of the AFP are considered to be members of the uniformed services only
when they are undergoing active duty training or are mobilized upon order of the
President;
• If the act takes place in the premises of a government agency offering frontline services
to the public and the perpetrator is a government employee
What are considered PUBLIC SPACES?
• Streets and alleys, roads, sidewalks, and public parks
• Buildings, schools, and churches
• Public washrooms, malls, internet shops, restaurants, and cafes
• Transportation terminals and public markets
• Spaces used as evacuation centers and government offices
• Common carriers and public utility vehicles (PUVs) as well as private vehicles
covered by app-based transport network services
• Other recreational spaces such as, but not limited to, cinema halls, theaters,
spas, bars, clubs, resorts, water parks, hotels, and casinos
• All other areas, regardless of ownership, which are openly accessible or
offered to be accessed by the public
Implementing Bodies for GBSH
in Streets & Public Spaces
RA 11313 Section 10
Authorities* for Apprehension of NEXT STEPS:
National Bodies perpetrators & Enforcement:
for implementation of
RA 11313:
• MMDA Women & Children’s Protection Desk
• PCW • PNP / WCPD (WCPD) is expected to:
*guaranteed to have undergone GST - Keep Ledger of perpeterators who
• DILG have committed prohibited acts to
determine 1st, 2nd, 3rd time offenders
• DICT Shall deputize its enforcers to be “Anti-
Sexual Harassment Enforcers” (ASHE) to
undertake ff. functions:
DILG shall ensure 1. Receive complaints on the streets
establishment of ASH Desk DILG, DSWD, DOH & PCW
2. Immediately apprehend perpetrator - Coordination for provision of proper
in barangays and city halls &
ensure set-up of CCTVs in caught in the act psychological counselling support
major thoroughfares 3. Bring perpetrator to nearest PNP services, and related – for the victim
(useful for case filing & station to face charges of offense
evidence-gathering)
Implementing Bodies for GBSH
on Online Platforms
RA 11313 Section 13

National Operational Support Unit of PNP:

• PNP Anti-Cybercrime Group (PNPACG)


Functions:
- receive complaints of Gender-Based Online Sexual Harassment
- develop online mechanism for reporting real-time gender-based online sexual harassment & apprehend perpetrators

• DICT’s Cybercrime Investigation & Coordinating Center


Functions:
- Coordinate with PNPACG in preparing appropriate and effective measure to monitor and penalize online GBSH
Implementing Bodies for GBSH
in the Workplace
RA 11313 Section 19, 20

DUTY OF EMPLOYERS - FORMAL WORK


• Disseminate copy of RA 11313 to all employees and
FOR INFORMAL ECONOMY:
persons in the workplace
• Conduct Anti-Sexual Harassment seminars • DOLE
• Develop & disseminate Code of Conduct or
Workplace Policy - in coordination with
- Reiterates Prohibition of GBSH concerned agencies shall
- Internal mechanisms or procedures created to address develop guidelines for
complaints on GBSH
- Administrative Penalties
appropriate mechanisms
(including Kasambahay Law)
• Create their Committee on Decorum and
Investigation (CODI)
Implementing Bodies for GBSH
in Educational & Training Institutions
RA 11313 Section 25

Routine Inspections to
be done by: DUTY OF SCHOOL HEADS & HEADS OF TRAINING INSTITUTIONS
• DepEd • Assign an office or person that must be readily accessible to
• CHED receive complaints on GBSH
• Adopt and publish grievance procedures to facilitate the filing of
• TESDA
complaints by students and faculty members;
• Support parties involved in GBSH-related court proceedings,
such as excusing students’ absences fro classes when they need to
attend court hearings;
• Create their Committee on Decorum and Investigation (CODI)
to address both GBSH and online sexual harassment
Where may complaints or reports of GSH be filed?
Complaints or reports of GSH on streets and in public spaces and qualified GSH committed in public
spaces may be filed with the following:

• ASHEs, PNP officers, ASHOs, or security guards who may then effect a lawful warrantless arrest of the
suspected offender or, if this is not possible, 16 refer the complaint or report to the nearest PNP station
or lupong tagapamayapa as appropriate
• ASH Desks in city or municipal halls or barangays which shall provide support to victims-survivors and
refer the complaint or report to the nearest PNP station or Lupong Tagapamayapa as appropriate
• ASH Hotlines of cities or municipalities which shall assist callers and refer the call to the nearest PNP
station or barangay hall as appropriate
• Lupong tagapamayapa of barangays if the case is strictly covered by the Katarungang Pambarangay
system
• Women and children’s desks of PNP stations which may cause a lawful warrantless arrest of the
suspected offender or, if this is not possible, investigate the case and provide other forms of assistance
as appropriate
• Offices of the provincial or city prosecutors, municipal trial courts, municipal circuit trial courts, or
municipal trial courts in cities, as appropriate, for the institution of criminal actions
What is the difference between
a “complaint” and a “report”?
A complaint is filed by the victim-survivor while a report is filed by a
witness or any person other than the victim-survivor.

The protocols, particularly of ASH Desks, are different when receiving


complaints and when receiving reports.
Framework for Local Implementation
of Safe Spaces Act
RA 11313’s IRR & DILG-PCW JMC NO. 2020-001

LGUs (city and barangay-level) are mandated to: EDUCATE


• Educate the public and its personnel on GSH
• Enforce the law against perpetrators of GSH on
streets and in public spaces as well as qualified
GSH committeed in public spaces
EVALUATE ENFORCE
• Support victim-survivors of GSH
• Evaluate the implementation of Safe Spaces Act
and related policies in their respective territories SUPPORT
Barangays are mandated to:
• Organize and ASH Subcommittee under the Barangay GAD Focal Point
System (GFPS) to establish and support the ASH Referral Network

• Establish an ASH Referral Network to strengthen the coordination


among public and private service providers in addressing the needs of
victims-survivors of GSH

• Designate their VAWC Desks to serve as ASH Desks for purpose of


expediting the receipt and processing of complaints and reports of
sexual harassment
SUMMARY OF COMMON & SPECIFIC DUTIES OF
RA 11313’s IRR & DILG-PCW JMC NO. 2020-001

PROVINCES CITIES / MUNICIPALITIES BARANGAYS


• Engage with academic institutions, duly accredited or recognized women’s groups
and CSOs, and local media in the conduct of advocacy campaigns against GSH
• Provide technical and financial assistance to component LGUs in the implementation
of PPAs related to awareness campaigns against GSH, capacity-building activities of
LGU personnel, and the operationalization of ASH Desks and ASH Hotlines • Ensure the participation of
• Disseminate or post in conspicuous places and on official websites and social media ASHEs, ASH Desk Officers and
pages copies of RA11313 and related ordinances members of the Lupong
EDUCATION

• Ensure ASHEs undergo GSTs and orientation Tagapamayapa in GSTs and


on RA11313 orientations about RA 11313
• Conduct information campaigns,
ASH seminars, or other
• Develop, produce and distribute IEC and protocols in responding to
materials that raise awareness of and GSH on streets and in public
measures to prevent GSH in
condemn GSH, inform the public of the
educational and social spaces
penalties for committing GSH, and contain
institutions
infographics on reporting and referral
• Coordinate with PCW, DILG, and • Distribute IEC materials
mechanisms and hotline numbers
RCAT-VAWC for a sustained
information campaign and to
• Provide training on the law for the Punong developed by cities and
Barangay and members of the Lupong municipalities and other
provide assistance to component
Tagapamayapa in cases covered by the KP
LGUs in the development of IEC
system as well as for traffic enforcers under
entitites
materials and the conduct of
their jurisdiction, and adopt training modules
awareness campaigns
for concerned LGU personnel down to the
barangay level
SUMMARY OF COMMON & SPECIFIC DUTIES OF
RA 11313’s IRR & DILG-PCW JMC NO. 2020-001

PROVINCES CITIES / MUNICIPALITIES BARANGAYS

• Ensure the setting up and maintenance of functional CCTV cameras in major roads, alleys,
and sidewalks
ENFORCEMENT

• Designate traffic enforcers and • Designate barangay tanods,


other local law enforcement community brigades, and
units as ASHEs community service units as
ASHES
• Create mechanisms for
handling and documentation
of complaints including those
cases covered by the
Katarungang Pambarangay
system
SUMMARY OF COMMON & SPECIFIC DUTIES OF
RA 11313’s IRR & DILG-PCW JMC NO. 2020-001

PROVINCES CITIES / MUNICIPALITIES BARANGAYS

• Organize an ASH Subcommittee to supervise, support, and coordinate the


operations of the ASH Desk, ASH Hotlines (for cities and municipalities), and ASH
Referral Network
• Establish an ASH Referral Network to strengthen the coordination among public
SUPPORT

and private service providers in addressing the needs of victim-survivors of GSH


• Set-up an ASH Desk for the purpose of expediting the receipt and processing of
complaints and reports of GSH on streets and in public spaces

• Set-up an ASH Hotline to receive and


respond to calls on GSH on streets an in
public spaces
SUMMARY OF COMMON & SPECIFIC DUTIES OF
RA 11313’s IRR & DILG-PCW JMC NO. 2020-001

PROVINCES CITIES / MUNICIPALITIES BARANGAYS

• Ensure the compliance of • Ensure the compliance of • Participate in safety audits of


component cities and component barangays with their cities and municipalites
municipalities with the RA11313, its IRR, and DILG- every three years
SUPPORT

RA11313 (SSA), its IRR, PCW JMC No. 2020-0001


and DILG-PCW MC no. • Conduct safety audits of
2020-001 component barangays every
• Conduct safety audits of three years
component cities and
municipalities every three
years
MUNTINLUPA CITY ANTI-SEXUAL HARASSMENT (ASH) REFERRAL FRAMEWORK
REPORTING & RESPONSE
ANTI-SEXUAL HARASSMENT (ASH) REFERRAL FRAMEWORK

for further consultation and consolidation of for further consultation and consolidation of
efforts with all concerned offices/ departments and efforts with all concerned offices/ departments and
barangays barangays
CONSULTATION / OPEN FORUM
Salamat sa inyong pakikiisa
para masigurong bawal ang bastos sa
Muntinlupa!

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