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Philippines: House Committee Approves Revised Lesbian, Gay, Bisexual, And Transgender Anti-Discrimination Bill

06/16/2003

UPDATE

On December 10, 2002, after an extensive revision process, the Committee on Civil, Political, and Human Rights of the House of Representatives of the Philippines approved House Bill (HB) 2784, a comprehensive anti-discrimination bill developed in collaboration with lesbian, gay, bisexual, and transgender activists. Just over a year earlier, the Committee had approved the draft bill "in principle".

IGLHRC forwards the following update and note of appreciation from the Lesbian and Gay Legislative Advocacy Network (LAGABLAB), a coalition of approximately 12 community organizations, as well as an amended text of the proposed legislation. We will continue to monitor the progress of this bill--including the upcoming reading in the House of Representatives and introduction in the Senate--and support the multi-year campaign for its passage.

FORWARDED MESSAGE FROM LAGABLAB

Dear LAGABLAB friends,

A year and five days later, the Committee on Human Rights of the House of Representatives finally approved today our Anti-Discrimination Bill (H.B. 2784). If you remember, on December 5, 2001, the Committee approved the bill in principle and proposed the consolidation of H.B. 2784 with the other anti-discrimination bills and the inclusion of the comments of the community organizations (the approved version is attached below).

That it has taken a year to revise the bill is unfortunate but necessary: when LAGABLAB (Lesbian and Gay Legislative Advocacy Network, the main proponent of the bill) decided to have the bill filed in 2000, we also agreed that we will just work on the revisions later. The process was painstakingly deliberative (we met several times, with each meeting having its own set of proposals). But personally I would rather have it that way than rush a bill that in the end failed to articulate what we want.

What's the next step? Congress works slow, especially on bills that do not have the support of the majority or of the key players. The Committee on Human Rights of the House of Representatives will most likely release the report by January. Once the committee report is released, the committee on rules will then forward the bill to the floor for discussion. There are two possibilities: one, we can ask the committee to immediately schedule the bill for plenary discussion (late January or February, for the first session of Congress next year), or two, we can wait till March for the Women's Day celebration. During this celebration, a woman legislator presides over the House (in short, she becomes the Speaker for that day), and usually, it's either the head of the Committee on Women (Rep. Joson) or the head of the Lady Legislators (Rep. Cynthia Villar). We may lobby these women legislators to include the bill in the agenda if we opt for the latter.

In the meantime, we have to work on having a counterpart in the Senate. I have received several letters from Senators that either indicate their support for the bill (including Sen. Oreta-Aquino and Sen. Ping Lacson) or that they forwarded our appeal to the Committee on Human Rights. But anyway, some people in LAGABLAB are working on this, if you are interested to help us (if you know someone in Senate, or your father/mother is a Senator), please contact us (either Ging at e-mail: kopidogs@edsamail.com.ph or leapstick@yahoo.com or email me at: jonas@ipd.org.ph).

Congratulations to those who pushed for the bill, many thanks to supporters (we will certainly call upon you again in the future!), and Happy New Year.

Jonas Bagas
LAGABLAB

TEXT OF PROPOSED LEGISLATION

HOUSE BILL NO. 2784
(Approved version)

Introduced by Honorable Loretta Ann Rosales

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and the House of Representatives of the Congress assembled:

SECTION 1. Title. -- This Act shall be known and cited as the ìAnti-Discrimination Act.î

SEC. 2. Declaration of policy. -- It is the policy of the state to work actively for the elimination of all forms of discrimination that offends the equal protection clause of the Bill of Rights and the State obligations under human rights instruments acceded to by the Republic of the Philippines, particularly those discriminatory practices based on sex or sexual orientation. Towards this end, discriminatory practices as defined herein shall be proscribed and penalized.

SEC. 3. Definition of Terms. For purposes of this Act, the following terms shall be defined as follows:

  1. Sexual Orientation refers to the direction of emotional sexual attraction or conduct. This can be towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual orientation)
  2. Gender Identity refers to the PERSONAL sense of identity as characterized, among others, by manners of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex.
  3. Discrimination shall be understood to imply any distinction, exclusion, restriction, or preference which is based on any ground such as sex, sexual orientation, gender identity, whether actual or perceived, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons of an equal footing of all rights and freedoms.

SEC. 4. Discriminatory practices. It shall be unlawful for any person, natural or juridical, to:

  1. Deny access to public service, including military service, to any person on the basis of sexual orientation and/or gender identity;
  2. Include sexual orientation and gender identity, as well as the disclosure of sexual orientation, in the criteria for hiring, promotion and dismissal of workers, and in the determination of employee compensation, training, incentives, privileges, benefits or allowances, and other terms and conditions of employment;

    This prohibition on the basis of sexual orientation and gender identity shall also include the contracting and engaging of services of juridical persons.

  3. Refuse admission or expel a person from educational institutions on the basis of sexual orientation and gender identity, without prejudice to the right of educational institutions to determine the academic qualifications of their students;

    This prohibition shall include the imposition of (i) disciplinary sanctions solely on the basis of sexual orientation and gender identity; (ii) penalties harsher than customary primarily due to sexual orientation and gender identity; or (iii) similar punishments and prohibitions.

  4. Refuse or revoke the accreditation, formal recognition, and / or registration of any organization, group, institution or establishment, in educational institutions, workplaces, communities, and similar settings, solely on the basis of the sexual orientation or gender identity of their members or of their target constituencies;

    This prohibition shall also include the prevention of and prohibitions on attempts to organize;

  5. Deny a person access to medical and other health services open to the general public on the basis of such personís sexual orientation or gender identity;
  6. Deny an application for or revoke a professional license issued by the government due to the applicantís sexual orientation or gender identity;
  7. Deny a person access to or the use of establishments, facilities, utilities or services, including housing, open to the general public on the basis of sexual orientation or gender identity; There is a denial when a person is given inferior accommodations or services;

    This prohibition includes the discrimination of juridical persons solely on the basis of the sexual orientation or gender identity of their members or of their target constituencies;

  8. Deny an application for a license, clearance, certification or any other document issued by governmental authorities or other entities on the basis of the applicantís sexual orientation or gender identity, as provided by existing laws;
  9. Subject or force any person to any medical or psychological examination to determine and / or alter the personís sexual orientation or gender identity without the expressed approval of the person involved, EXCEPT IN CASES WHERE THE PERSON INVOLVED IS A MINOR UNDER THE AGE OF DISCERNMENT IN WHICH CASE PRIOR APPROVAL OF THE APPROPRIATE FAMILY COURT SHALL BE REQUIRED. IN THE LATTER CASE, THE CHILD SHALL BE REPRESENTED IN THE PROCEEDING BY THE SOLICITOR GENERAL OR THE LATTERíS AUTHORIZED REPRESENTATIVE;
  10. HARASSMENT BY MEMBERS OF INSTITUTIONS INVOLVED IN THE ENFORCEMENT OF LAW AND THE PROTECTION OF RIGHTS, SUCH AS THE PHILIPPINE NATIONAL POLICE AND THE ARMED FORCES OF THE PHILIPPINES, OF ANY PERSON ON THE BASIS OF HIS OR HER SEXUAL ORIENTATION OR GENDER IDENTITY. AMONG OTHER CASES, HARASSMENT OCCURS WHEN A PERSON IS ARRESTED OR OTHERWISE PLACED IN CUSTODY AND EXTORTION, PHYSICAL OR VERBAL ABUSE TAKES PLACE, REGARDLESS OF WHETHER SUCH ARREST HAS LEGAL OR FACTUAL BASIS. HARASSMENT OF JURIDICAL PERSONS ON THE BASIS OF THE SEXUAL ORIENTATION OR GENDER IDENTITY OF THEIR MEMBERS, STOCKHOLDERS, BENEFACTORS, CLIENTS, OR PATRONS IS LIKEWISE COVERED BY THIS PROVISION.
  11. Other analogous circumstances.

SEC. 5. Administrative sanctions. -- Refusal of a government official whose duty is to investigate, prosecute or otherwise act on a complaint for a violation of this Act to perform such a duty without a valid ground shall constitute gross negligence on the part of such official who shall suffer the appropriate penalty under civil service laws, rules, and regulations.

SEC. 6. Penalties. -- (a) Persons found guilty of any of the discriminatory practices enumerated in the preceding Section shall be penalized with a fine of not less than One Hundred Thousand Pesos (P100,000) but not to exceed Five Hundred Thousand Pesos (P500,000) or imprisonment of not less than one (1) year but not more than one (6) years, or both at the discretion of the court. In addition, community service in terms of human rights education to the perpetrator and exposure to the plight of the victims can be imposed at the discretion of the court.

(b) The officials directly involved shall be liable for violations committed by corporations, organizations, or similar entities.

SEC. 7. Separability clause. -- If any provision of this Act is declared unconstitutional or otherwise invalid, the validity of the other provisions shall not be affected thereby.

SEC. 8. Repealing clause. -- All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 9. Effectivity. -- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,