Philippines: Join Campaign for Anti-Discrimination Laws Protecting Lesbians, Gays, Bisexuals, and Transgenders
09/27/2001
SUMMARY
In response to a surge of bills introduced this summer during the new session of Congress, Amnesty International-Pilipinas and the Lesbian and Gay Legislative Advocacy Network (LAGABLAB) are re-launching their joint, multi-year "Stop Discrimination Now!" campaign opposing discrimination against lesbians, gays, bisexuals, and transgender people in the Philippines.
The International Gay and Lesbian Human Rights Commission endorses the "Stop Discrimination Now!" campaign and joins AI-Pilipinas and LAGABLAB in calling for letters from the international human rights community in support of three anti-discrimination bills recently filed in the House of Representatives, offering protections on the basis of sexual orientation and gender identity. We also renew the call for letters of protest against proposed legislation curtailing marriage rights to transgender people (see recent forwarded IGLHRC Action Alert, "Philippines: Defend Transgender Rights," August 30, 2001). These letters will bolster essential advocacy as these bills receive committee hearings and/or readings on the floor of Congress.
The release of this Action Alert supports a picket demonstration organized by AI-Pilipinas and LAGABLAB on September 25, 2001, in Manila. This picket, focusing on these four bills, will mark the re-launching of the "Stop Discrimination Now!" campaign.
ACTION
Please send letters in support of House Bills 983, 1137, and especially 2784, and in opposition to House Bill 1503, to the following addresses. A sample letter follows.
- COMMITTEE ON THE REVISION OF LAW
- Third floor, Annex Building
HOUSE OF REPRESENTATIVES
Batasan Hills, Diliman
Quezon City, Philippines
FAX: +632 931-5667
ATTENTION: Hon. Rolando A. Fua, Jr. -- Committee Chair
Hon. Vigildo B. Banaag -- First Vice Chair
Hon. Gilberto C. Teodoro, Jr. Second Vice Chair
Committee Members - COMMITTEE ON CIVIL, POLITICAL AND HUMAN RIGHTS
- Third floor, Annex Building
HOUSE OF REPRESENTATIVES
Batasan Hills, Diliman
Quezon City, Philippines
FAX: +632 931-5789
ATTENTION: Hon. Loretta Ann P. Rosales Committee Chair
Hon. Henry P. Lanot First Vice Chair
Hon. Nereus O. Acosta, Jr. Second Vice Chair
Committee Members
SAMPLE LETTER
Dear Members of the Committee on Human Rights, or Dear Members of the Committee on Revision of Laws,
I am writing to you as a member of the international human rights community deeply concerned about ending discrimination toward lesbians, gays, bisexuals, and transgenders in Filipino society. I urge your support of House Bills 983 and 1137, which prohibit discrimination in the recruitment, employment, promotion, and dismissal of gays and lesbians, and especially House Bill 2784, which provides comprehensive protections against discrimination on the basis of sexual orientation and gender identity in employment, education, as well as medical and public facilities, among other realms.
The goal of human and civil rights measures is to protect all persons equally, without distinction or discrimination. These bills, in enshrining protections against abuse and discrimination on the basis of sexual orientation and gender identity, advance the promise of the universality of rights. These are not claims to "new rights" or to "special rights", but rather extend protections for human dignity to include the most vulnerable groups in society, and to publicize and prevent the least visible and most easily concealed violations.
In adopting this legislation, the Philippines would join the rapidly growing ranks of countries around the world--including South Africa, Fiji, Brazil, Ecuador, the Netherlands, Israel, and Costa Rica--that recognize the importance of national-level anti-discrimination legislation in the fulfillment of international human rights standards. Indeed, within an atmosphere of stigma, discrimination, and lack of social acceptance toward any social group, enshrining protection in law is essential not only as a deterrent to discrimination and statement of values, but also as an educative tool in itself.
At the same time, I write to protest House Bill 1503, which denies the right to marriage to transgender persons, among others. This measure, which reinforces stigma and discrimination on the basis of gender identity, is an affront to the values of a democratic society, and I demand its immediate withdrawal.
Thank you for your concern for the human rights of all persons in the Philippines.
Sincerely,
BACKGROUND
During the Manila Pride March in June 2000, Amnesty International-Pilipinas and LAGABLAB initiated the "Stop Discrimination Now!" campaign opposing discrimination against lesbians, gays, bisexuals, and transsexuals in the Philippines This campaign aims to raise public sensitivity about discrimination and prejudice against lesbians, gays, bisexuals, and transgenders (LGBT), as well as translate increased awareness into popular support for policies and legislation seeking to protect and promote LGBT rights.
Central to this campaign is a comprehensive anti-discrimination bill--recently re-introduced by Rep. Loretta Rosales into the new House of Representatives as House Bill (HB) 2784 and subject to potential refiling in the Senate--that emerged as a product of innovative consultations between legislators and members of the LAGABLAB network. LAGABLAB was formed in 1999 as a coalition of organizations and individuals dedicated to legislative advocacy addressing discrimination on the basis of sexual orientation. Its membership now includes 12 organizations, including lesbian, gay, bisexual, and transgender groups (Indigo, Katlo, Lesbian Advocates- Philippines (LeAP!), The Library Foundation(TLF), Society of United Lesbiana (SoUL), Womyn Supporting Womyn Center (WSWC), University of Philippines-Babaylan, religious organizations (Metropolitan Community Church-Manila, Order of Saint Aelred and Kristo Hesus Growth Ministries), a newspaper (ManilaOUT Newspaper), and several individuals.
HB2784, if passed, would provide the first mechanism to safeguard against discrimination on the basis of sexual orientation in the Philippines. It seeks to address discriminatory practices in the following realms:
- use of sexual orientation in the criteria for hiring, promotion, and dismissal of workers and termination of compensation and benefits;
- refusal of admission to educational institutions;
- denial of access to or the use of establishments, facilities, utilities, or services open to the public;
- denial of access to medical and other health services;
- denial of access to public services;
- denial of application for professional licenses issued by the government;
- denial of application of a license, clearance, certification, or any other document issued by government authorities.
To bolster lobbying related to this bill, Amnesty International-Pilipinas and LAGABLAB members are conducting signature campaigns within LGBT communities as well as allied communities in support of this bill; organizing consultations between stakeholders and targeted committee members in Congress; publicizing the campaign through public fora and media; and networking with local, national, and international LGBT communities to build solidarity.
A picket demonstration scheduled for September 25 to relaunch the "Stop Discrimination Now!" campaign is also rallying in support of two bills and in opposition to one bill related to the rights of LGBT people in the Philippines. The campaign endorses HB 0983 and HB1137, introduced by Rep. Gerardo Espina and Rep. Roseller Barinaga, respectively. Both bills seek to prohibit discrimination in the recruitment, employment, promotion, and dismissal of gays and lesbians (the former making reference to the lesbian and gay community as the 'third sex') in public and private employment.
On the other hand, activists protest the introduction of HB1503, authored by Rep. Ruffy Biazon. This bill is a reactionary measure in response to a regional court ruling recognizing the change of legal status of a male-to-female transgender in Manila (for background, see recent IGLHRC Action Alert, "Philippines: Commission and Court Send Mixed Messages on Transgender Rights", August 9, 2001, at http://www.iglhrc.org/world/se_asia/Philippines2001Aug.html). The bill would define marriage as the union of a "natural-born" male with a "natural-born" female, thus denying marriage rights to transgender people, among others; similar legislation had been introduced in 1999 (for background, see IGLHRC Action Alert, "Philippines: Proposed Marriage Legislation in Senate Discriminates Against Homosexuals and Transgenders," February 1999, at http://www.iglhrc.org/world/se_asia/Philippines1999feb.html).
IN INTERNATIONAL LAW
The right to freedom from discrimination is affirmed by the Universal Declaration of Human Rights (UDHR) in its Articles 2 and 7 and by the International Covenant on Civil and Political Rights (ICCPR) in its Articles 2 and 26. The United Nations Human Rights Committee, in the 1994 case of Toonen v Australia, held that ICCPR protections against discrimination should be interpreted to bar discrimination based on sexual orientation.
The Philippines ratified the ICCPR in 1986. The UDHR is considered part of customary international law and is binding on all member states of the United Nations.
