CEBU, Philippines — If you’re fond of making a whistle, shouting at, or giving comment of sexual nature to woman passing by, you may have to think twice before doing so next time.
Penalties shall soon be slapped against a person who catcalls or wolf-whistles another in public areas in Cebu City.
This after the Cebu City Council has passed an ordinance that aims to localize Republic Act 11313 or the Safe Spaces Act in an effort of address gender-based sexual harassment in public areas such as streets, privately-owned places open to the public, and public utility vehicles, among others.
The measure, called “Safe Streets and Public Spaces Ordinance of Cebu City,” was authored by Councilors David Tumulak, Lea Japson, and Alvin Dizon.
“We hope this measure will be strictly enforced once signed by the Mayor so we could help guarantee a safer public space for all which is a fundamental human right,” said Dizon.
Section 2 of R.A. 11313 provides that the state values the dignity of every human person, guarantees full respect for human life, recognizes the role of women in nation-building and ensures the fundamental equality before the law of women and men.
As provided by the law, the crimes of gender-based streets and public spaces sexual harassment also include leering and intrusive gazing; taunting; cursing; unwanted invitations; public masturbation; flashing of private parts; groping; stalking, among others.
These acts usually happen in public spaces like alleys, roads, sidewalks, and parks or in buildings, schools, churches, restaurants, malls, public utility vehicles, etc.
The measure states that gender-based sexual harassment committed in restaurants, bars, cinemas, malls, buildings, and other privately owned places open to public happen through any unwanted or uninvited sexual actions or remarks against any person regardless of the motive.
There are also gender-based sexual harassment committed by minors in streets and public spaces.
Section 11 of R.A. 11313 provides the penalties for the violators.
For gender-based sexual harassment in PUVs, the Land Transportation Office may cancel the license of the violators, while the Land Transportation Franchising and Regulatory Board may suspend or revoke their franchise. If the driver happens to be the perpetrator, it shall also constitute a breach of contract of carriage.
For gender-based sexual harassment in streets and public spaces committed by minors, the Department of Social Welfare and Development shall take necessary disciplinary measures as provided under R.A. 9344.
The ordinance requires the school principals and heads of institutions, both public and private, in the city to provide measures to prevent gender-based sexual harassment, such as information campaigns and anti-sexual harassment seminars.
The school principals and head of institutions will be held liable for the non-implementation of their duties, and will be penalized with a fine of not less than P3,000; and for the failure to act on reported acts of gender-based sexual harassment committed in the educational institution, and will be penalized with a fine of not less than P5,000.
Under the ordinance, both victim and offender shall be provided appropriate remedies and the services, like psychosocial and emotional therapies and other intervention programs that the Department of Social Welfare and Social Services shall formulate with the assistance of City Health Office.
Pursuant to Section 8 paragraph (e) of the law, a sexual harassment hotline shall be created, which will serve as a frontline support for any reports regarding crimes of gender-based streets and public spaces sexual harassment.
Section 8 of the law declares that the local government units shall bear the primary responsibility in enforcing the provisions of Article I, Gender-Based Streets and Public Spaces Sexual Harassment, of the same law through an ordinance. (FREEMAN)