- CHERYL G. CRUZ
An ordinance that aims to make the entire City of Bacolod a safe space, where everyone is protected against gender-based sexual harassment, was passed on third and final reading by the Sangguniang Panlungsod this afternoon, Feb. 22.
The “Bawal Bastos Ordinance of Bacolod City”, authored by Councilor Celia Matea Flor, chairperson of the SP Committee on Women and Gender, with councilors Em Ang, Cindy Rojas, Psyche Marie Sy, Lady Gles Pallen, Ayesha Joy Villaflor, and Simplicia Distrito as co-proponents, localizes Republic Act 11313, or the Safe Spaces Act (SSA), and provides additional definitions of gender based sexual harassment, protective measures, and penalties.
Under RA 11313, gender-based streets and public spaces sexual harassment includes 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 or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks.
Section 9 of the ordinance deals on harassment in public utility vehicles, including habal-habal, tricycles, or trisikads, with corresponding penalties when the driver is the perpetrator.
Section 10 deals on gender-based sexual harassment in workplaces, “where the act involves requests or demands for sexual favors whether done verbally, physically, or through text messaging or electronic mail, any other forms of information and communication systems, and when the sexual favor is made as a condition in the purchase, sale, payment, lease, availment of, or granting of favorable terms or privileges;
And in educational institutions, as a condition to the giving of a passing grade, or honors, scholarships, payment of a stipend, allowance, benefits, privileges, consideration or the like.
Upon conviction, the offender shall be penalized with imprisonment of 11 to 30 days and/or a fine of P5,000 for first offense, and attendance to a gender sensitivity awareness session; jail term of one month and one day to six months and/or fine of P5,000 for second offense; and imprisonment of six months and one day to one year and/or a fine of P5,000, or both, at the discretion of the court, for third offense, the ordinance states.
“If the perpetrator is the head of the workplace or organization, his or her appointment shall be automatically deemed revoked upon conviction,” Flor said, adding that “an alien, who commits gender-based sexual harassment in the workplace shall be subject to deportation proceedings after serving sentence and payment of fines.”
All privately owned public places shall adopt a zero-tolerance policy against gender-based sexual harassment (GBSH). “The persons-in-charge are obliged to provide assistance to victims of GBSH by coordinating with police authorities immediately after harassment is reported, making CCTV footage available when ordered by the court, and providing a safe gender sensitive environment to encourage victims to report GBSH at the first instance.”
The ordinance shall take effect immediately, with traffic enforcers and other local law enforcement units designated as anti-sexual harassment enforcers.
The Bacolod City GAD Focal Point System shall establish an anti-sexual harassment desk to expedite the receipt and processing of complaints and reports of GBSH in streets and public spaces, it added./CGC
