Localization of Safe Spaces Act - Revised

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GUIDELINES ON THE LOCALIZATION

OF SAFE SPACES ACT


DILG-PCW JMC No. 2020-001

August 10, 2023 | Four Queens Resort, Pagadian City

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PURPOSE OF DILG – PCW JMC 2020-01

This Joint Memorandum Circular is hereby


issued to provide guidelines on the
localization of the Safe Spaces Act and its
IRR, particularly the provisions on
Gender-Based Sexual Harassment (GBSH)
in streets and public areas.

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POLICY CONTENT AND GUIDELINES

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• PROVINCIAL GOVERNMENT
• Pass an ordinance to prevent the occurrence of and
efficiently and effectively respond to GBSH in
DUTIES & streets and public places; and designate public
spaces, regardless of ownership and nature as safe
RESPONSIBILITIES spaces against GBSH;
• Disseminate or post in conspicuous places, official
OF LOCAL websites and social media pages, copies of the Safe
GOVERNMENT •
Spaces Act and related ordinances;
Provide measures to prevent GBSH in educational
UNITS and/ or social institutions, such as information
campaigns and ASH seminars;
• Coordinate with PCW, DILG & the RCAT-VAWC
for a sustained information campaign activities &
provide assistance, when necessary, to component
LGUs in the development of IEC materials;

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• Engage with academic institutions & duly
accredited/recognized women’s group & CSOs,
local media in the conduct of advocacy against
DUTIES & GBSH in streets & public spaces;
• Ensure compliance of component cities &
RESPONSIBILITIES municipalities with the law & its IRR, & this
guidelines;
OF LOCAL • Provide technical & financial assistance to
GOVERNMENT component LGUs in the implementation of the PPAs
related to awareness campaign against GBSH, CB
UNITS of LGU personnel & the operationalization of ASH
Desks & ASH Hotlines;
• Ensure the setting-up & maintenance of CCTV
cameras in major roads, alleys & sidewalks to aid
in the filing of cases & gathering of evidence as
well as in the prevention of GBSH in public spaces.

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• CITY/MUNICIPAL GOVERNMENT
• Pass an ordinance to prevent the occurrence of and
efficiently and effectively respond to GBSH in
DUTIES & streets and public places; and designate public
spaces, regardless of ownership and nature as safe
RESPONSIBILITIES spaces against GBSH;
OF LOCAL • Designate traffic enforcers & other local law
enforcement units to be the Anti-Sexual Harassment
GOVERNMENT Enforcers (ASHEs) & ensure that they undergo GST
and orientation on the law;
UNITS • Disseminate or post in conspicuous places, official
websites and social media pages, copies of the Safe
Spaces Act and related ordinances
• Engage with academic institutions & CSOs, local
media in the conduct of advocacy against GBSH in
streets & public spaces;
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• Develop, produce, distribute IEC materials, that
raise awareness for & condemn GBSH, inform the
public of the penalties for committing GBSH &
DUTIES & contain infographics on reporting & referral
mechanisms & hotline numbers;
RESPONSIBILITIES • Set-up an Anti-Sexual Harassment (ASH) Desk at
the city/municipal hall for the purpose of expediting
OF LOCAL the receipt & processing of complaints & reports of
GOVERNMENT GBSH in streets &public spaces, and the same shall
be strengthened;
UNITS • Establish an ASH Desk Hotline to receive &
respond to calls on GBSH in streets & public
spaces;
• Ensure the setting-up & maintenance of CCTV
cameras in major roads, alleys & sidewalks to aid
in the filing of cases & gathering of evidence as well
as in the prevention of GBSH in public spaces;
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• Ensure the establishment of an ASH Desk in every
barangay;
• Organize an ASH Sub-Committee under the GFPS
DUTIES & to supervise, support and coordinate the operations
of the ASH Desk & Hotline;
RESPONSIBILITIES • Establish an ASH Referral Network to strengthen
the coordination among public & private service
OF LOCAL providers in addressing the needs of the victim-
GOVERNMENT •
survivors of GBSH;
Provide training on the law for the PBs & members of the
UNITS Lupong Tagapamaya in cases covered by the KP System, for
traffic enforcers under their jurisdiction & adopt training
modules for concerned LGU personnel down to the barangay
level; and
• Provide technical & financial assistance in the
implementation of PPAs related to the capacity devt of LGU
personnel on & awareness campaign against GBSH & the
operationalization of ASH Desks & ASH Hotlines.
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• BARANGAY GOVERNMENT
• Pass an ordinance to prevent the occurrence of and
efficiently and effectively respond to GBSH in
DUTIES & streets and public places; and designate public
spaces, regardless of ownership and nature as safe
RESPONSIBILITIES spaces against GBSH;
• Designate barangay tanods, community brigades, &
OF LOCAL community service units to tbe the ASHEs;
GOVERNMENT • Ensure the establishment of an ASH Desk in every
barangay;
UNITS • Establish an ASH Desk for the purpose of
expediting the receipt & processing of complaints &
reports of sexual harassment. The VAW Desk shall
also serve as the ASH Desk;
• Ensure the participation of ASHEs, ASH Desk
Officer & members of the KP in GST; orientation on
the SSA, the protocols in responding to GBSH;
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• Distribute IEC materials developed by the city/mun
& other entities, that raise awareness for & condemn
GBSH;
DUTIES & • Create a mechanism for handling & documentation
of complaints including hose cases covered by the
RESPONSIBILITIES KP System;
• Establish an ASH Referral Network to strengthen the
OF LOCAL coordination among public & private service
GOVERNMENTd providers in addressing the needs of the victim-
survivors of GBSH;
UNITS • Ensure the setting-up & maintenance of CCTV
cameras in major roads, alleys & sidewalks to aid in
the filing of cases & gathering of evidence as well as
in the prevention of GBSH in public spaces.

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The Anti-Sexual Harassment Enforcers (ASHEs)
FUNCTIONS OF shall have the following functions:
• Receive complaints on GBSH in streets and
ANTI-SEXUAL public spaces;
• Immediately apprehend the perpetrator if
HARASSMENT caught in the act of committing the crime;
ENFORCERS • Immediately bring the perpetrator to the nearest
police station for appropriate action; and
(ASHEs) • Together with the Women’s and Children’s Desk
of the PNP stations, keep a ledger of
perpetrators for the purpose of determining if
the perpetrator is a first – time, second – time or
third – time offender.

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Setting – up the ASH Desk.
 The local chief executive (LCE) shall
designate an area in the city, municipal,
ESTABLISHMENT
or barangay hall, as the case may be,
OF ANTI-SEXUAL where the ASH Desk may be set – up in
HARASSMENT such a way that the right to privacy of the
(ASH) DESK victim – survivor is protected at all times;
and
 It shall have the necessary furniture and
fixtures, such as, but not limited to, table,
chairs, and separate filing cabinet where
the logbook and tools/ equipment for
document are stored.

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Designation of ASH Desk Officer.
 The city/ municipal mayor and punong
ESTABLISHMENT barangay shall designate an ASH Desk
OF ANTI-SEXUAL Officer, preferably a woman, who shall be
HARASSMENT directly in charge of the daily operations
of the ASAH Desk;
(ASH) DESK  In barangays, the designate VAW Desk
person shall serve as the ASH Desk
Officer.

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QUALIFICATIONS OF AN ASH DESK OFFICER
A person must possess the following qualifications before
one can be appointed as an ASH Desk Officer:
1. Attitude that shows empathy and understanding of the
victim-survivor and committed to keep the confidentiality
ESTABLISHMENT of the cases;
OF ANTI-SEXUAL 2. Familiarity with appropriate ways to handle cases of
HARASSMENT gender-based violence and sensitive to the needs of
(ASH) DESK victim-survivors and complainants in each possible
scenario;
3. Basic knowledge on gender-based violence and the
different forms of sexual harassment and on diverse
sexual orientations and gender identities and
expressions; and
4. Has no derogatory records related to violation of laws
protecting women and commission of acts constituting
gender-based violence.
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Provided that, after the appointment, the ASH Desk officer must obtain
the following trainings and orientation to develop his/her skills and
capacities necessary in the performance of his/her functions:
1. Gender Sensitivity Training
2. Salient provisions of the Safe Spaces Act
ESTABLISHMENT 3. Salient provisions of other laws protecting women, children and
members of SOGIE, including but not limited to, the following:
OF ANTI-SEXUAL a. Anti-Sexual Harassment Act (R.A. No. 7877)
HARASSMENT b. Anti-Violence Against Women and their Children Act (R.A. No.
9262)
(ASH) DESK c. Anti-Photo and Video Voyeurism Act (R.A. No. 9995) d.
d. Anti-Child Pornography Act (R.A. No. 9775)
e. Special Protection of Children Against Abuse, Exploitation,&
Discrimination Act (R.A. No. 7610)
f. .Anti-Trafficking in Persons Act (R.A. Nos. 9208 and 10364)
g. Provisions of the Revised Penal Code which are related to gender-
based violence;
h. Relevant provisions of the Family Code

4. Existing services of the city/municipal government and those


provided under the ASH Referral Network 15
5. Protocols in handling gender-based sexual harassment.
FUNCTIONS OF THE ASH DESK OFFICER

Receive, document, and respond to complaints and reports


of GBSH in streets and public spaces;

Facilitate the referral of cases and persons to the


appropriate public and private service providers for further
assistance such as legal, medical, psychosocial, safety,
security, and other services;

Record the number cases of GBSH in streets and public


spaces received and referred to other agencies, and
ASH Desk Officer
submit a quarterly report to the DILG Office and
C/MSWDO.
Keep case records confidential and secure, and ensure
that only authorized personnel have access to these
records;

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FUNCTIONS OF THE ASH DESK OFFICER

Assist in the formulation/ updating of policies; development


of plans, programs, projects and activities; and educational
and awareness campaigns to address GBSH in streets and
public spaces;

Coordinate with pertinent agencies in monitoring the


status of GBSH-related complaints and reports; and
ASH Desk Officer

Perform other related functions as may be assigned.

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ESTABLISHMENT OF ANTI-SEXUAL
HARASSMENT (ASH) HOTLINE

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ESTABLISHMENT OF ASH HOTLINE

On the establishment of ASH hotline,


the LGU will ensure that the
personnel assigned to attend the
hotline are knowledgeable on
gender-based sexual harassment
(GBSH) and the forms of assistance
made available by the LGU.

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QUALIFICATIONS OF ASH HOTLINE OPERATOR

1. Good communication and active


listening skills;
2. Can speak and understand the local
dialect or at least the Filipino
language;
3. Attitude that show empathy and
understanding of the victim-
survivor and committed to keep the
confidentiality of the complaints/
reports;
4. Familiarity on gender-sensitive
manner in handling complaints/
reports of gender-based sexual
harassment; and
5. Has attended trainings and
orientation.

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FUNCTIONS OF THE ASH HOTLINE OPERATOR

1. Receive complaints/ reports


involving gender-based sexual
harassment;
2. Assess the nature of the assistance
needed and facilitate the referral to
ASH Desk or to the appropriate
service providers for legal, medical,
psycho-social, safety, security, and
other assistance or services;
3. Record, maintain and update a
database of complaints/ reports
received through the ASH Hotline;
and
4. Perform other related functions as
may be assigned.

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MONITORING AND SUBMISSION OF REPORTS

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MONITORING AND SUBMISSION OF REPORTS

1) One (1) year after the issuance of this Guidelines,


the DILG Regional Directors shall submit reports on
the compliance of LGUs herewith to the National
Barangay Operations Office (NBOO). The Compliance
Report shall contain the following:

 List of all ordinances, resolutions, and other local


issuances related to GBSH in streets and public spaces,
enacted or issued before or after the issuance of this
Guidelines; and
 List activities and other measures undertaken by the
LGUs to comply with its duties and responsibilities
under the Safe Spaces Act, its IRR, and this Guidelines.

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MONITORING AND SUBMISSION OF REPORTS

2) NBOO shall oversee the monitoring of LGUs


compliance with the guidelines. To facilitate this task,
monitoring sheets shall be developed and made
available in a google drive. Link to the online facility
shall be provided accordingly; and

3) NBOO shall provide a copy of the compliance


monitoring report to the PCW for information and
monitoring purposes.

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THANK YOU!
Department of the Interior and Local Government IX

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