Human rights, humanitarian law advocates hail UN committee's ruling on PH's 'comfort women'
Human rights and humanitarian law advocates welcomed the decision of the United Nations’ (UN) Committee on the Elimination of Discrimination against Women (CEDAW) which ruled that the Philippines “violated the rights of victims of sexual slavery” during World War II.
“After 25 years, on International Women’s Day no less, the ‘Lolas’ (grandmothers) have confirmation of what they have always known: that they have a right to reparation, rehabilitation, and the restoration of their dignity,” the Center for International Law (CenterLaw) said in a statement.
In an announcement issued last March 8, the UN said that CEDAW “requested that the Philippines provide the victims full reparation, including material compensation and an official apology for the continuing discrimination.”
The UN said that CEDAW found that the Philippine government failed “to provide reparation, social support and recognition commensurate with the harm suffered” by the victims who were referred to as “comfort women.”
The UN’s committee acted on the complaint filed by the 24 members of the Malaya Lolas, a non-profit organization established to provide support to sexual slavery survivors during the Japanese occupation of the Philippines.
“This victory comes at a long road for the ‘Lolas.’ Some of the ‘Lolas,’ including Belen Culala and Isabelita Vinuya, have already passed away,” CenterLaw, an advocate “for the recognition and application of international law norms -- specifically those relating to human rights, humanitarian law, freedom of expression, and freedom of the press -- as automatic and self-executory in Philippine legal order,” said.
“But this victory is not the end of the road. CenterLaw calls on the Philippine government to ensure the full protection and redress of the rights of the Malaya Lolas and all survivors of wartime sexual violence and slavery,” it said.
The UN announcement on the website of the Office of the High Commissioner on Human Rights, also stated that the Malaya Lolas had “consistently raised their claims at the domestic level, requesting that the Government of the Philippines espouse their claims and their right to reparations against the Government of Japan.”
“Their repeated efforts, however, were dismissed by the authorities, with their last action turned down by the Supreme Court in 2014,” the UN’s announcement cited.
“The Philippines’ Government has always maintained that it is not in a position to claim compensation from Japan after ratifying the Treaty of Peace with Japan in 1956,” it said.
Because of this, the victims brought their cases before the CEDAW in 2019 “to establish the responsibility of the State party to fulfil its commitments under the Convention on the Elimination of All Forms of Discrimination against Women in supporting the non-discrimination of women and girls on its territory,” it added.
The UN’s announcement also said:
“The Committee (CEDAW) noted that the Philippines had waived its right to compensation by signing the Treaty of Peace with Japan. It, however, underlined that it is a case of continuous discrimination.
“The Committee observed that the Philippine Commission on Women had not addressed the institutionalized system of wartime sexual slavery, its consequences for victims and survivors or their protection needs.
“In contrast, Philippine war veterans, who are mostly men, are entitled to special and esteemed treatment from the Government, such as educational benefits, health-care benefits, old age, disability and death pensions.
“Given the extreme severity of gender-based violence suffered by the victims, and the continuing discrimination against them regarding restitution, compensation and rehabilitation, the Committee concluded that the Philippines had breached its obligations under the Convention.
“In particular, the Committee found that the State party had failed to adopt appropriate legislative and other measures to prohibit all discrimination against women and protect women's rights on an equal basis with men.”