Ging Cristobal, Lesbian Advocates, Philippines (LeAP!); Jonas Bagas, LAGABLAB; Christopher Borja (aka Inday Garutay); and Dax de Castro, AI Philippines LGBT Coordinator, testify in front of the Philippine Senate Committee on Labor and Employment in support of the anti-discrimination legislation for sexual orientation and gender identity. © AI Philippines

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Background on Anti-discrimination Bill in the Philippines

The Philippines Congress is currently debating groundbreaking legislation which, if passed, would firmly establish the protection of Filipinos against discrimination on the basis of sexual orientation and gender identity in basic areas of life such as employment, education, public accommodations and health services, as enshrined in international standards. A similar version of this bill was already discussed in the previous Congress. However, while the House of Representatives passed the measure, it failed in the Senate. Now is the time for the House to uphold its previous decision and for the Senate to commit itself to the principles of universal human rights outlined by treaties of which the Philippines is already a signatory.

Discrimination in the Philippines

Members of the LGBT community in the Philippines continue to encounter discrimination within school, employment, public establishments, and their own families. Established in 1999, the Lesbian and Gay Legislative Advocacy Network, or LAGABLAB, works primarily through legislative lobbying towards achieving a society free from all forms of discrimination, particularly those based on gender and sexual orientation. Along with partner organizations, LAGABLAB has recorded several cases of discrimination.

For example, in a case submitted to the Philippine National Human Rights Commission, Ms. Inday Garutay was in Aruba Restaurant in Metro Manila on 4 July 2006 at around 6:30 pm with her boyfriend. The restaurant’s manager asked Ms. Garutay to leave the restaurant allegedly since the restaurant’s dress code prohibited cross-dressing, transsexuals, and transgender persons from entering the establishment. In November of 2005, a court case filed by a gay man claims that his employment contract was not renewed because he and his partner exchanged symbolic wedding vows. Meanwhile, “masculinity tests” or other arbitrary tests have been used to separate possible LGBT students during the admissions process to some schools. There are reports of lesbian students being dismissed after school officials discovered their sexuality.

International Human Rights Law

Everyone, regardless of their sexual orientation, gender identity or expression, is guaranteed the fullest enjoyment of their civil, political, social, economic and cultural rights under international law. Lesbian, gay, bisexual and transgender individuals, like all other persons, are entitled to equality before the law. The U.N. Human Rights Committee has urged states not only to repeal laws criminalizing same-sex sexual conduct but also to enshrine the prohibition of discrimination based on sexual orientation into their constitutions or other fundamental laws.

The Universal Declaration of Human Rights, part of international customary law, prohibits discrimination without distinction, including sex under Article 2. The Government of the Philippines has also ratified several international treaties which further clarify the protections from discrimination based on sexual orientation, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the International Covenant on Civil and Political Rights (ICCPR). In the landmark Toonen v Australia case, the UN Human Rights Committee took the view that the reference to “sex” in Articles 2 and 26 of the ICCPR includes sexual orientation.

The Proposed Legislation

The legislation to prohibit discrimination against the LGBT community in the Philippines provides further clarification of Article 2, Section 11 and 14 of the 1987 Constitution of the Philippines, which guarantees every human person the full respect for human rights and ensures equality before law of women and men.

Among its provisions to prohibit discrimination based on sexual orientation or gender identity, the legislation would make it unlawful for any person, group, institution or establishment to:

The legislation would also prohibit:

There are actually three similar versions addressing discrimination against the LGBT community which have been introduced in the Senate. While LAGABLAB supports each, the organization, AI Philippines and others developed Senate Bill 1738 into what they believe is a more comprehensive bill. The three bills were referred to the Senate Committee on Labor, Employment, and Human Resources Development in early August. Representatives from LAGABLAB and AI Philippines were among those who testified in support.

In the House of Representatives, House Bill 634, authored by AKBAYAN party Representatives Loretta Ann Rosales, Mayong Aguja, and Risa Hontiveros, has already been passed by the House of Representatives Committee on Civil, Political, and Human Rights. However, the new chair of this committee is seemingly against the bill and may hamper its movement. House Bill 634 and Senate Bill 1738 are identical.

Before proposed legislation can become law, it must be read (discussed) three times. If the respective committees and then the full memberships of both the Senate and the House of Representatives approve similar versions of the legislation, then a conference committee will meet to work out details between the two before the approved bill is passed to President Arroyo for her signature.

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