82 Rights and Empowerment lands, territories, and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition.90 The “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity” (RA 9851) also declares as a State policy full respect for the rights of indigenous cultural communities and other vulnerable groups, such as women and children.91 It penalizes92 war crimes, particularly “ordering the displacements of the civilian population for reasons related to the conflict,” as well as the “transferring, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory.”93 Rights to Protection and Security in times of disasters, calamities and other critical situations (sec. 10); and climate change measures are gender responsive, sensitive to indigenous knowledge systems, and respectful of human rights.”95 It provides for the creation of the Local Disaster Risk Reduction Management Office (LDRRMO) tasked to, among others, respond to and manage the adverse effects of emergencies. The LDRRMO must also ensure that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for women and children and endeavor to create a special place where internally-displaced mothers can find help with breastfeeding, feed and care for their babies and give support to each other.96 Failure of concerned government officials to comply with the above provisions of RA 10121 constitute dereliction of duty. If their negligence causes destruction and loss of lives, they can be prosecuted and meted with a penalty of imprisonment for a period not less than six (6) months and one (1) day to twelve (12) years, and/or fined.97 Women have the right to protection and security in times of disasters, calamities, and other 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. It shall also address the particular needs of women from a gender perspective to ensure their full protection from sexual exploitation and other sexual and gender-based violence committed against them. Responses to disaster situations shall include the provision of services, such as psychosocial support, livelihood support, education, psychological health, and comprehensive health services, including protection during pregnancy.94 The Climate Change Act of 2009 (RA 9729, as amended by RA 10174), recognizes the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change. Section 13 thereof provides for the formulation of the National Climate Change Action Plan which shall include as a component the identification of differential impacts of climate change on men, women and children. As amended by RA 10174, the law now requires gender mainstreaming as one of the components of the National Strategic Framework and Program on Climate Change. The laws also identified the different criteria in the prioritization in the use of the People’s Survival Fund, one of which is “responsiveness to gender-differentiated vulnerabilities.98” The “Philippine Disaster Risk Reduction and Management Act of 2010” (RA 10121) provides that the State should “ensure that disaster risk reduction Rights to participation and representation (sec. 11/25) Section 14 of the MCW requires the state to 90Sec. 9(b), Magna Carta of Women. Emphasis supplied. 91 Sec. 2, RA 9851. 95 Sec. 2(j), RA 10121. 92Sec. 7, id. 93 Sec. 4(c)(16)-(17), id. 96 Sec. 12(c)(16), id. 94Sec. 10, Magna Carta of Women. 98Sec. 24, RA 10174 97 Secs. 19-20, id. CHR Gender Ombud Guidelines

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