Anti-Discrimination in the Philippines

As I was reading through my blog subscriptions this morning, I came across AJ's entry on what we should know about the Anti-Discrimination Bill (HB 956), which he got from Jonas Bagas. After reading the entry, I checked the House of Representatives website to check the status of the bill. Here is what I found:

HB00956

Session No.: 14-1RS-006

Significance: N

Date Filed: 2007-07-10

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

Short Title: "Anti-Discrimination Act"

Principal Author: HONTIVEROS-BARAQUEL, ANA THERESIA "RISA"

Date Read: 2007-08-01

Primary Referral: HUMAN RIGHTS

Bill Status: Pending with the Committee on HUMAN RIGHTS since 2007-08-01

*Source: House of Representatives. House Bills and Resolutions Online Query

It's sad to know that the bill as filed during the 14th Congress is still pending at the committee level 10 months after it's referral. But what's more saddening is the fact that LGBT groups have been pushing for this since 1999, according to Mr. Jonas Bagas. I am hoping that this bill becomes a law soon, but to do that, there is a great need to educate and enlighten those who are against it, and to gain the support of those who are inclined not to act for or against the approval of the bill. While this blog may only be visited by a few, I am still hoping that I could help in little ways for this cause.

Allow me to repost an excerpt of Mr. Bagas' entry:

Ten things you need to know about the Anti-Discrimination Bill:

Fight for equal rights for lesbians, gays, bisexuals and transgenders (LGBTs) by pushing for the passage of the Anti-Discrimination Bill (HB 956) authored by AKBAYAN Rep. Risa Hontiveros-Baraquel.

Here’s what the bill is all about:

Equal rights, not special rights. The bill does not grant additional or special rights to LGBTs. What it does is criminalize violations to the human rights and freedoms on the basis of sexual orientation and gender identity. The bill affirms and promotes human rights and freedoms that are enshrined in the Constitution.

Equality in schools. The bill prohibits discrimination against LGBT students, which usually takes place through unfair admission policies, unjust expulsion, and unreasonable disciplinary actions.

Equal opportunities in employment. By criminalizing unfair labor practices and policies on the basis of sexual orientation and gender identity, the bill promotes decent jobs for LGBT workers.

Removing stigma in healthcare. The bill bans hospitals, clinics, and medical personnel like doctors and nurses from discriminating against or abusing LGBT patients.

Fighting police abuse. Stiffer penalties are imposed on law enforcers who abuse the law – from bagansya to the anti-trafficking law - to harass, torture, or extort money from LGBTs.

Organizing for LGBT pride. The bill affirms the freedom of assembly and association by disallowing discrimination in the establishment of LGBT groups in schools, workplace, communities and in politics.

Equal access to establishments. The bill ensures that establishments that are open to the public like malls, restaurants, and bars, among others, are open to all, regardless of sexual orientation and gender identity.

Gays and lesbians in the police and military. The police and military are barred from screening out competent LGBTs who want to join the force. Under the bill, they are also not allowed to remove LGBT policeman or woman and soldiers due to their sexual orientation and gender identity.

Penalizing discrimination. Under the bill, a person found guilty of discriminating against LGBTs can be fined up to P500,000 and/or imprisoned for a maximum of six years. S/he may also be required to undergo human rights education.

About non-discrimination, not same-sex marriage. Homophobic groups wrongfully claim that the bill is about same-sex marriage. Here’s the truth: 1.) the legal recognition of same-sex marriage requires a separate bill, and; 2.) there is absolutely nothing wrong about consensual same-sex relationships.

Is it too much to ask not to be treated as second-class citizens? Please, WE DO NEED THIS BILL SIGNED INTO LAW!

Can Joker Arroyo Give Hope to the LGBT Community?

Iboboto ko na s'ya. I will vote for him now (well, I mean on the May 14 elections).

This morning, on my way to work, the radio was tuned in to the radio program of Joe Taruc, and he was interviewing Senator Joker Arroyo who is aspiring to be reelected to the Philippine Senate. Among other things that he was saying, what caught my attention (alright, I was already listening intently...) was his opinion on the refusal of the COMELEC to grant Ang Ladlad's petition for accreditation as a candidate in the party list elections for the House of Representatives. He said that the COMELEC should reconsider its decision to junk the petition of Ang Ladlad. He said that the party list system was created in order to give the marginalized sectors an opportunity to participate in lawmaking. Ang Ladlad represents Filipino gays, lesbians, bisexuals, and transgenders, and the LGBT sector is undoubtedly marginalized. He also said that Prof. Danton Remoto, the head of Ang Ladlad, is an intellectual, being a professor in a leading university in the country, and has a potential of being a good lawmaker.

I have long been wanting to find time to write my opinion about COMELEC's refusal to accredit Ang Ladlad. I will try to write it when I have more time, but allow me to say that I'm saddened by Ang Ladlad's non-accreditation simply because it allegedly failed to prove national membership, among other reasons. I will have to read more about this matter so that I can write an informed opinion. But in the case of the LGBT community, whose members may or may not be out of the closet but undoubtedly scattered all around the country, do we really need to prove national membership?

I hope the Party List Law can be interpreted as allowing national representation as sufficient compliance with the requirement of national membership.

For now, I would just hold on to the hope that Senator Arroyo gets reelected and that he makes it one of his causes to fight for the rights of the LGBT community, just as he fought for other human rights.

It would have been better if the COMELEC had not disqualified Remoto's candidacy for Senator, on the ground that he is a nuisance candidate. I think he would have had a good chance of making it to the Senate.