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Malaysia as a study of increasing violence against transwomen in APAC

In Malaysia, Justice for Sisters strongly criticized the arrests made following the decision by the country’s Federal Court on Section 66, triggering a wave of fear among the transgender community to freely move. This development affects LGBT of various countries – e.g. on October 21, three transpinays were arrested in Terengganu in a raid by the immigration department after undercover clients solicited sex from them (the three are currently detained at the Ajil immigration depot, and may be jailed or fined if found guilty).

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Justice for Sisters strongly criticizes and deplores the arrests that have taken place following the decision by the Federal Court on Section 66 on 8 October 2015. Since the decision by the Federal Court that set aside two court orders, and reinstated Section 66, raids and arrests have taken place in Kuala Lumpur, Terengganu and Penang, triggering a wave of fear among the transgender community to freely move.

Kuala Lumpur
On 12 October 2015, three trans women from Seremban were arrested while shopping in Brickfields, Kuala Lumpur. The three were approached by a man requesting sexual services, a common assumption that all trans women are willing to provide sexual services in exchange for money or otherwise. They refused, and the man later accused them of stealing his wallet, which actually fell on the ground and was immediately found. The police arrested the trans women anyway, and detained them at the Dang Wangi police station. The three were remanded for three days under Section 380 of the penal code – Theft in dwelling house, etc.  The three spent an extra day in detention due to a public holiday. The women were allegedly asked to remove their clothes and were subjected to further humiliation in detention. There were also reports of physical assault. The three women are Indian.

On 15 October 2015, 15 trans women of various nationalities were arrested in a raid in Bukit Bintang, Pudu and Chow Kit, Kuala Lumpur. Four of them were charged in court under Section 28, which penalizes male persons who pose as women or wear women’s attire for immoral purposes. The four, two of Indonesian nationality, were fined RM 990.  According to Sinar Harian’s article “Berpakaian wanita; Mak Nyah kena denda” the four appeared in court in JAWI’s gray lockup garbs with shaved heads following the arrest six days ago. The accompanying photo in the article further proves that their hair was shaved in detention. We strongly condemn degrading treatment of detainees, and all forms of corrective measures of transgender and gender non-conforming persons by the state. We emphasize that changing someone’s appearance against their will, including shaving someone’s head, is a form of torture. The state’s role is to promote and protect the rights of all people, regardless of gender identity.

READ:  1st hearing on SOGIE-specific anti-discrimination bill held

The arrests and detention of the trans women pose serious questions regarding JAWI’s jurisdiction in relation to arrest and detention. We demand answers to the following questions:
1.    Why were the trans women detained for six days? And where were they detained?
2.    Do the religious authorities have jurisdiction to carry out arrests and detain people?
3.    Why were their heads shaven if they were only being detained, and had not been convicted in the court of law?

The remaining 11 were released on bail at the JAWI office – seven on 15 October, four on 16 October 2015. However, JAWI made it particularly challenging for the trans women to be released. They imposed the condition that only cisgender men (men whose lived experience matches the sex and gender they were assigned at birth) could post bail for the trans women. As a result, some women were released on 16 October, as they were not able to find a cisgender man to bail them. It is important to note that the women were not informed of their rights and underwent many human rights violations in relation to access to justice, rights to redress and remedies.

Terengganu
On 21 October 2015, three trans women of Filipino nationality were arrested in Terengganu in a raid by the immigration department. In Sinar Harian’s article, ‘Taktik pondan tawar seks melaui WeChat terbongkar’, the Immigration Department had solicited sexual services from the women as undercover clients. The three are currently detained at the Ajil immigration depot, and will be investigated under Regulation 39 (b) Immigration Regulations 1963, which carries a fine not exceeding RM 1,000 or prison for not exceeding six months or both, if found guilty.

READ:  Pride march held in PUP after over 10 years

Penang
Raids have been carried out in Penang. However, no arrests have taken place.

Negeri Sembilan
In Negeri Sembilan, harassment and intimidation began on the day that the decision was delivered. The religious authorities warned some trans women that they would be arrested if they saw them again in the area. We deplore the intimidation and harassment by the authorities towards the women, as these actions are making people feel unsafe in their own homes and to move around freely.

Section 66 and similar laws that criminalize one’s gender identity and gender expression make transgender or trans women, or mak nyah, regardless of religious background, vulnerable to arbitrary arrests and violence. However, it is important to note that transgender sex workers are most vulnerable to arrests and violence because of their visibility. Stigmatization and criminalization of sex work under Malaysian law further make trans women vulnerable to violence and hate crime, and further create barriers to access justice and due processes.

However, it is important to understand that sex work is also a form of work, and the criminalization of sex work further contributes to violence against sex workers, creates barriers for sex workers to exercise their rights to due process and remedies, and disallow work with dignity.

We further condemn the shaming of sex workers in the media for making a living. While it is a known fact that arrests increase at the end of the year, we completely deplore the use of sex work to shame and stereotype transgender women.

READ:  Work env’t where employees can’t be themselves reduces innovation, effort and retention

The reality is that transgender persons face adverse challenges and barriers to access education and employment opportunities. Often, transgender persons face extreme hostility in schools and educational institutions, from gender binary policies that disallow children who are transgender or gender non-conforming to express their authentic gender identity and true self, to bullying and violence from peers and administrators. This often results in transgender students performing poorly in schools or dropping out altogether, as the environment is not conducive for learning.

Further, employers often prioritize gender identity over qualification, competency and expertise. Often, trans women are rejected from seeking employment and employers also impose policies that disallow trans people to express their authentic gender identity and gender expression. Given this hostile environment, sex work represents one of few opportunities for trans women to support themselves.

We further criticize some Malay-language mainstream media for using language that blatantly dehumanizes and degrades trans women. Since the decision at the Federal Court, some Malay-language media especially have been using language that is insensitive, ignorant, and plain rude to describe trans women. We are outraged and appalled by the use of language such as ‘wanita jadian’ and ‘pondan’, and the sensationalist reporting. We are also extremely surprised by the ignorance and insensitivity displayed by Malay-language media, especially in an age where transgender people and issues are visible and heavily discussed in the media everywhere. The Malay-language media must adopt ethical reporting and treat transgender persons with respect.

We call on all people to stand up and speak up against violence against transgender persons.

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Malabon passes anti-discrimination ordinance on the basis of SOGIE

Malabon City now has an anti-discrimination ordinance (ADO) that prohibit: discrimination in schools and the workplace, delivery of goods or services, accommodation, restaurants, movie houses and malls. It also prohibits ridiculing a person based on gender and/or sexual orientation. Penalties for discriminatory act/s include imprisonment for one month to one year, a fine of P1,000 to P5,000, or both.

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Still slow national move; better local endeavors.

In the absence of a national law that will protect the human rights of LGBTQI Filipinos, a growing number of local government units are taking the lead in ensuring that LGBTQI-related discrimination is checked. And now the city of Malabon has joined the list of LGUs with an anti-discrimination ordinance (ADO).

City Ordinance 16-2018, signed on September 10 by Mayor Antolin Oreta III, declares “as a policy of Malabon City to actively work for the elimination of all forms of discrimination that offend the equal protection clause of the Bill of Rights.”

Among the prohibited acts in the ADO are: discrimination in schools and the workplace, delivery of goods or services, accommodation, restaurants, movie houses and malls. It also prohibits ridiculing a person based on gender and/or sexual orientation.

Penalties for discriminatory act/s include imprisonment for one month to one year, a fine of P1,000 to P5,000, or both.

As with other ADOs, the Malabon ordinance similarly mandates the creation of the Malabon City Pride Council, tasked to monitor complaints, assist victims of stigma and discrimination, as well as recommend to the city council additional anti-discrimination policies and review all existing resolutions, ordinances and codes if these have discriminatory policies.

The same Pride council will oversee the implementation of an anti-discrimination campaign and the organization of LGBTQI groups in the barangays of the city.

The Malabon ADO also aims to include anti-discrimination programs (including psychological counseling, legal assistance, and forming of barangay-level LGBTQI organizations), with the budged to be sourced from the gender and development (GAD) plans, projects and programs (uo to 5%).

READ:  Pride march held in PUP after over 10 years

The ADO also tasks the Malabon police station to investigate cases involving violence based on SOGIE.

Also with the ADO, Malabon will now commemorate LGBTQI-related events, including the International Day Against Homophobia and Transphobia on May 17; Pride parade in December; World AIDS Day on December 1; and Human Rights Day on December 10.

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What it’s like to be trans in Taiwan

Tamsin Wu visits gay-friendly Taiwan, where she meets Abbygail Wu, founder of Intersex, Transgender and Transsexual People Care Association (ISTSCare), who said that the country is still failing its LGBTQ citizens, and particularly lags in promoting trans rights.

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Photo detail by Thomas Tucker from Unsplash.com

Taiwan may be the most gay-friendly country in Asia, but according to Abbygail Wu, founder of Intersex, Transgender and Transsexual People Care Association (ISTSCare), the country still receives a “failing mark” when it comes to LGBTQ equality. Transgender people, in particular, usually bear the brunt of sex-based discrimination.

ISTSCare has a one-woman 24/7 hotline service. Abby has dealt with calls concerning struggles related to suicide attempts, job insecurity or homelessness, and even domestic violence. To provide support and assistance to hotline callers, ISTSCare also partners with NGOs and other LGBTQ-related organizations.

Aside from the hotline service, the organization does its advocacy work through protests, by maintaining an online presence, as well as directly communicating with political figures and trans-friendly journalists to rouse awareness and discussion on transgender and intersex issues.

ISTSCare in Taiwan

In 2014, four years after the first official notice regarding gender reassignment procedures in Taiwan was issued, the Ministry of Interior (MOI), with the support of the Ministry of Health and Welfare (MOHW), announced the easement of legal requirements on changing gender identity. MOI promised that it would immediately work on letting transgender citizens change their gender marker without having to go through rigorous psychiatric assessments, sex reassignment surgery (SRS) and parental approval. However, MOI backtracked since then.

“MOI, which is handling the national ID cards, they said there are still a lot of research to do about the gender issue and they try to get some professional opinions, but MOHW already said this is not a medical issue, it’s an internal affair issue. So MOI, they’re just under the pressure and paused a lot of meetings… and now the issue is still under research for four years,” Abby lamented. “We’re the first Asian country to pass the bill but it’s not implemented.”

READ:  1st hearing on SOGIE-specific anti-discrimination bill held

Despite MOHW already stating that medical professionals should not have a say when it comes to determining one’s gender identification, transgender citizens are still presently forced to consider SRS. Besides that, they are also required to seek the expensive involvement of psychiatrists and, outrageously, the consent of their parents. Otherwise, their gender identity cannot be legally recognized.

Abby clarified that not all transgender people want the help of doctors to validate their gender identity. Hence, SRS is especially discriminatory towards transgender citizens who do not wish to undergo surgery. “What is gender? Is it just based on our anatomy? Or is it in our behavior? In our mind? Or in the way we dress?… There are a lot of factors that influence what gender one identify as, but society focus on the least publicly visible aspect – our sex organ.”

Abby continued, “There are risks to surgery and that is one of the reasons why not all transgenders want to go through it. And also, they may question themselves, ‘Do I really want to have surgery or is it just for the sake of getting this ID?’”

Abby standing beside the transgender pride flag.
Photo credit: Ketty W. Chen

“One day before the presidential election, I went to the DPP (Democratic Progressive Party) headquarters to talk with the Department of Woman. I told them, ‘tomorrow is already the day for voting, are you going on stage and advocate for transgender rights? This has been neglected for the past 3-4 years. Then they just told me, ‘this requires social consensus’… I went out of that meeting deeply upset,” Abby shared.

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With lack of funding, community support and societal understanding of trans issues, how could transgender rights obtain social consensus when this feat requires acceptance and approval from the status quo in order for the relevant social change to take effect? Why should the rights and well-being of a minority group fall in the hands of the majority? Currently, both the public and the government possess inadequate knowledge in dealing with transgender issues, which exacerbates the struggles transgender citizens face.

Prejudice against transgender folks can also be felt within LGBTQ communities. On one hand, some non-transgender members of the LGBTQ community question the gender identity of trans people. On the other hand, there is also internalized transphobia.

“A lot of transgender are more binary [in the way they see gender]. They think a man should act and look a certain way and that a woman should act and look a certain way… ISTSCare does not condone this kind of thinking,” Abby said.

Trans activist Abbygail Wu and her partner in a protest for their marriage right.
Photo credit: Ketty W. Chen

When asked why ISTSCare is run by only three people (including Abby and her partner), she shared that many transgender citizens in Taiwan find it difficult to prioritize doing advocacy work because their life situation is oftentimes mentally and emotionally taxing. On top of having to deal with an unsupportive family, they often face discrimination in the job market. Hence, there’s a high level of difficulty for them to get a good job, gain professional working experience and make a decent living, let alone have the financial resources to go through SRS. As of now, they’re in this loop of societal discrimination and economic vulnerability with no recourse.

READ:  Trans woman files complaint in QC for discrimination in the workplace

Another reason for the lack of transgender-focused activists in Taiwan is attributed to the problem of privilege. Abby adds that well-off transgender citizens tend to be exclusive in their social group. Post-surgery and after assimilating in heteronormative society, they also tend to ignore the struggles faced by less fortunate transgender citizens. They would rather not get associated for fear of being found out and face discrimination. Albeit joining Pride Parades, they are at other times nowhere to be found when it comes to advocating for transgender rights.

Abby clarified that not all transgender people want the help of doctors to validate their gender identity.
Photo credit: Abbygail Wu

Abby said that ISTSCare’s main goal right now is to push for a non-discriminatory, comprehensive gender identity law in Taiwan.

“We hope to be like Argentina. Just file [required] papers to the courthouse and they will assign the legal gender change. No need to go through any kind of medical process.”

Having a well thought out gender identity law may not help solve all transgender issues and alleviate them from all of their struggles. However, getting the said law done and implemented right would be one significant progress for the recognition of the human rights and dignity of, not only transgender citizens, but also intersex and non-binary people.

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Chance of HIV-positive person with undetectable viral load transmitting the virus to a sex partner is scientifically zero

The PARTNER 2 study found no transmissions between gay couples where the HIV-positive partner had a viral load under 200 copies/ml – even though there were nearly 77,000 acts of condomless sex between them.

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Confirmed and needs to be stressed: The chance of any HIV-positive person with an undetectable viral load transmitting the virus to a sexual partner is scientifically equivalent to zero.

This is according to researchers who released at #AIDS2018 the final results from the PARTNER study. Results originally announced in 2014 from the first phase, PARTNER 1, already indicated that “Undetectable equals Untransmittable” (U=U). But while the first study was lauded in tackling vaginal sex, the statistical certainty of the result did not convince everyone, particularly in the case of gay men, or those who engage in anal sex.

But now, PARTNER 2, the second phase, only recruited gay couples. The PARTNER study recruited HIV serodifferent couples (one partner positive, one negative) at 75 clinical sites in 14 European countries. They tested the HIV-negative partners every six to 12 months for HIV, and tested viral load in the HIV-positive partners. Both partners also completed behavioral surveys. In cases of HIV infection in the negative partners, their HIV was genetically analyzed to see if it came from their regular partner.

And the results indicate “a precise rate of within-couple transmission of zero” for gay men as well as for heterosexuals.

The study found no transmissions between gay couples where the HIV-positive partner had a viral load under 200 copies/ml – even though there were nearly 77,000 acts of condomless sex between them.

PARTNER is not the only study about viral load and infectiousness. Last year, the Opposites Attract study also found no transmissions in nearly 17,000 acts of condomless anal sex between serodifferent gay male partners. This means that no transmission has been seen in about 126,000 occasions of sex, if this study is combined with PARTNER 1 and 2.

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While this is good news overall in the fight against HIV, related issues continue to plague HIV-related efforts, particularly in countries like the Philippines.

Why aren’t we talking about ‘undetectable = untransmittable’ in the Philippines?

For instance, aside from the overall silence on U=U (undetectable = untransmittable), use of anti-retroviral therapy (ART) continue to be low. As of May 2016, when the country already had 34,158 total reported cases of HIV infection, Filipinos living with HIV who are on anti-retroviral therapy (i.e. those who are taking meds) only numbered 14,356.

The antiretroviral medicines in use in the Philippines also continue to be limited, with some already phased out in developed countries.

All the same, this is considered a significant stride, with science unequivocally backing the scientific view helmed in 2008 by Dr. Pietro Vernazza who spearheaded the scientific view that viral suppression means HIV cannot be passed via a statement in the Bulletin of Swiss Medicine.

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‘God loves LGBTQIA people; so do we.’

A Christian church wants members of the LGBTQIA community to know that “they are loved by God.” Val Paminiano, pastor of the Freedom in Christ Ministries, says that “we would like to apologize on behalf of the mainstream churches that condemn the LGBTQIA community. Sorry for hurting you; (and) even for using the Bible to hurt you.”

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God’s love is for all.

“(We want the members of the LGBTQIA community to know that) they are loved by God,” said Val Paminiano, pastor of the Freedom in Christ Ministries, which has been making its presence known particularly in LGBTQIA Pride events to highlight its Christian anti-anti-LGBTQIA position.

Approximately 80% of Filipinos are Roman Catholic, and the church’s teachings continue to dominate public life in the Philippines. As it stands, church’s teachings re LGBTQIA people still often revolve around the “hate the sin, love the sinner” statement, so that LGBTQIA people are tolerated so long as they do not express their being LGBTQIA.

This “hate the sin, love the sinner” stance seems to be reflected in dominant perspectives re LGBTQIA people in the Philippines.

In 2013, for instance, in a survey titled “The Global Divide on Homosexuality” conducted by the US-based Pew Research Center, 73% of adult Filipinos agreed with the statement that “homosexuality should be accepted by society”. The percentage of Filipinos who said society should not accept gays fell from 33% in 2002 to 26% that year.

But more recently, in June 2018, a Social Weather Stations (SWS) survey showed that a big percentage of Filipinos still oppose civil unions. When 1,200 respondents across the country were asked whether or not they agree with the statement “there should be a law that will allow the civil union of two men or two women”, at least 61% of the respondents said they would oppose a bill that would legalize this in the country. Among them, 44% said they strongly disagree, while 17% said they somewhat disagree. Meanwhile, 22% said they would support it, while 16% said they were still “undecided”.

READ:  Photos from the fringes of the rainbow

For Paminiano, “we would like to apologize on behalf of the mainstream churches that condemn the LGBTQIA community. Sorry for hurting you; (and) even for using the Bible to hurt you.”

Churches continue to be lambasted for not changing with time – perhaps most obvious in the treatment of LGBT people of those with faith. But the number of denominations openly discussing – and even coming up with statements of support of – LGBTQIA issues is increasing.

Finding room for #queerinfaith

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All hail the beauty queen

A glimpse into the life of a trans woman beauty pageant enthusiast, Ms Mandy Madrigal of Transpinay of Antipolo Organization.

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This is part of #KaraniwangLGBT, which Outrage Magazine officially launched on July 26, 2015 to offer vignettes of LGBT people/living, particularly in the Philippines, to give so-called “everyday people” – in this case, the common LGBT people – that chance to share their stories.
As Outrage Magazine editor Michael David C. Tan says: “All our stories are valid – not just the stories of the ‘big shots’. And it’s high time we start telling all our stories.”

“I feel accepted.”

That, said Mandy Madrigal, is the main appeal of joining beauty pageants.

“I feel so loved when I join pageants. Especially when people clap for us, cheer for us. And when you win… it (just) feels different.”

FINDING ACCEPTANCE

Assigned male at birth, Mandy was in primary school when her father asked her if “I was a boy or a girl”. That question scared her, she admitted, because – as the only boy among six kids – she thought she did not really have “any choice”. “So I answered my father, ‘I am a boy’.”

But Mandy’s father asked her the same question again; and this time, “I said, yes, I am gay.”

No, Mandy is NOT gay; she is a transpinay, and a straight one at that. But the misconceptions about the binary remains – i.e. in this case, she is associated with being gay mainly because she did not identify with the sex assigned her at birth.

In a way, Mandy said she’s lucky because “I believe he (my father) accepted (me) with his whole heart.”

The rest of her family did, too.

Though – speaking realistically – Mandy said this may be abetted by her “contributions” to the family. “Hindi naman aka basta naging bakla lang (I’m not a ’typical’ gay person),” she said, “na naglalandi lang o sumasali lang ng pageant (who just flirts, or just joins beauty pageants). Instead, Mandy provides financial support to her family by – among others – selling RTW clothes and beauty products. In fact, some of her winnings also go to the family’s coffers. By helping provide them with what they need, “it’s easy for them to accept me as a transgender woman.”

READ:  Photos from the fringes of the rainbow

Growing up, Mandy realized that while “makakapagsinungaling ka sa ibang tao, pero sarili mo, hindi mo maloloko. Kaya mas magandang tanggapin mo ang sarili mo para matanggap ka ng ibang tao (you may be able to lie to others about who you really are, but you can’t lie to yourself. So it’s better to accept your true self so that others will be able to accept you too).”

Mandy was “introduced” to beauty pageants when she was 13 or 14. At that time, a friend asked her to join a pageant; and “I won first runner up.” She never looked backed since, even – at one time – earning as much as P20,000 after winning a title. Like many regular beauconeras (beauty pageant participants), she also heads to distant provinces to compete, largely because – according to her – prizes in provincial competitions tend to be higher. The prize money earned helps one buy more paraphernalia for the next pageants, and – in Mandy’s case – also helps support her family.

Generally speaking, Mandy Madrigal said that “ang tunay na queen ay may malaking puso (a real queen has a big heart).”

FORMING A FAMILY

Beauty pageants are competitions, yes; but for Mandy, pageants also allow the candidates to form bonds as they get close to each other. Pageants, she said, can be a way “na maging close kami, magkaroon ng magagandang bonding… at magkakilala kami (for us to be close, to bond and get to know the others better).”

READ:  Trans woman files complaint in QC for discrimination in the workplace

Pageants can be costly, Mandy admitted – for instance, “you have to invest,” she said, adding that a candidate needs to be able to provide for herself (instead of just always renting) costumes, swimsuits, casual wear, gowns, and so on.

In a way, therefore, having people who believe in you helps. In Mandy’s case, for instance, a lot of people helped (by providing necessities she needs) because “naniniwala sila na I am a queen inside and out,” she smiled.

But this support can also rack the nerves, particularly when people expect one to win (particularly because of the support given).

One will not always win, of course; and this doesn’t always give one good feelings. In 2017, for instance, Mandy joined Queen of Antipolo, and – after failing to win a crown – she said many people told her she should have won the title, or at least placed among the runners-up. “naguluhan ang utak ko (That confused me),” she said. “‘Bakit ako ang gusto ninyong manalo?’ But that’s when I realized na marami ako na-i-inspire na tao dahil marami nagtitiwala sa akin (I ask, ‘Why do you want me to win?’ But that’s when I realized that I inspire a lot of people, which is why they count on me).”

This gives her confidence; enough to deal with the nervousness that will also allow her to just enjoy any pageant she joins.

A TIME TO SHINE

Mandy believes pageants can help LGBTQI people by providing them a platform to showcase to non-LGBTQI people why “hindi tayo dapat husgahan (we should not be judged).”

READ:  Pride march held in PUP after over 10 years

Generally speaking, Mandy said that “ang tunay na queen ay may malaking puso (a real queen has a big heart).”

And she knows that not every pageant is good for every contestant. There will be pageants where you will be crowned the queen, she said, just as there will be pageants where you will lose. But over and above the winning and losing, note “what’s most important: that there’s a lot of people who supported you in a (certain) pageant.”

At the end of the day, “sa lahat ng patimpalak, pagkatandaan natin na merong nananalo at may natatalo. Depende na lang yan sa araw mo. Kung ikaw ay nakatadhanang manalo ay mananalo ka; kung nakatadhanang matalo ay matatalo ka talaga. Yun lang yun. Isipin mo na lang na meron pang araw na darating na mas maganda para sa iyo (in all competitions, remember that there will always be a winner and a loser. It all depends on your luck for the day. If you are fated to win, you will win; if you are fated to lose, you will lose. That’s that. But still remember – even when you lose – that there will always come a day that will be great for you).”

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Iloilo City passes anti-discrimination ordinance on final reading

The city of Iloilo has joined the ranks of local government units (LGUs) with LGBTQI anti-discrimination ordinances (ADOs), with the Sangguniang Panlungsod (SP) unanimously approving its ADO mandating non-discrimination of members of minority sectors including the LGBTQIA community.

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IMAGE DETAIL FROM jahcordova FROM PIXABAY.COM

Pride comes to the “City of Love”.

The city of Iloilo has joined the ranks of local government units (LGUs) with LGBTQI anti-discrimination ordinances (ADOs), with the Sangguniang Panlungsod (SP) unanimously approving its ADO mandating non-discrimination of members of minority sectors including the LGBTQI community.

The ADO was sponsored by Councilor Liezl Joy Zulueta-Salazar, chair of the SP Committee on Women and Family Relations. Councilor Love Baronda helped with the content/provisions of the ordinance.

“Everyone deserves equal protection under the law. This local legislation reinforces the Constitutional rights and the inalienable human rights of everyone to be treated equally,” Zulueta-Salazar said to Outrage Magazine. “It has always been a question of equality versus equity. Your government is a duty-bearer to protect everyone under the law. Moreso those who have time and again, been victims of injustice borne out from bigotry and indifference. That has to change now. Discrimination has no place in the ‘City of Love’.”

The ADO defines acts of discrimination to include: refusal of employment, refusal of admission in schools, refusal of entry in places open to general public, deprivation of abode or quarters, deprivation of the provision of goods and services, subjecting one to ridicule or insult, and doing acts that demeans the dignity and self-respect or a person because of sex, gender identity, sexual orientation, race, color, descent, ethnic origin, and religious beliefs.

Penalties range from P1,000 for the first offense, P2,000 for the second offense and imprisonment of not more than 10 days at the discretion of the court, and P3,000 and 15 days imprisonment on the third offense.

READ:  Work env’t where employees can’t be themselves reduces innovation, effort and retention

The ADO also mandates the creation of the anti-discrimination mediation and conciliation board headed by the mayor. This board will initiate the filing of cases against violators.

“Discrimination… violates basic human rights thus making it our duty as public servants to protect our citizens from unwarranted and unfair treatment coming from their fellow citizens, or worse from their own government. We respect and give emphasis to the right of every person because what matters is for us to be humane and to do everything in love,” Baronda said to Outrage Magazine.

Zulueta-Salazar added that “having worked with the marginalized sectors of our society through non-government organizations like the Family Planning Organization of the Philippines Iloilo Chapter and the different barangay local governments in Iloilo City, we have seen how the struggles of the LGBTQI, of the urban poor, of the religious minorities including the Indigenous Peoples displaced in the city. This ordinance is for them, not for special or preferential treatment from their government, but to give them what they truly deserve: a more just and equitable treatment by providing an enabling environment for them to be equally productive members of the society.”

For Zulueta-Salazar, the salient points in the Iloilo ADP may be the same as the other ADOs across the country, “but the one we have here in Iloilo City is a product of hard fought struggle for equality not just for one sector of the society, but generally as a statement that the ‘City of Love’ does not discriminate based on gender, age, race or religion. That in the ‘City of Love’, truly it can be said now that love wins.”

READ:  1st hearing on SOGIE-specific anti-discrimination bill held

For Iloilo City-based Rev. Alfred Candid Jaropillo, who heads the United Church of Christ in the Philippines (UCCP), the ADO “is a step for the ‘City of Love’ in creating a community where the rights of all its constituents are respected and protected. As a clergy of the UCCP, I commend our government officials for passing the said ordinance (to show that) Iloilo is indeed a safe city for our sisters and brothers coming from the LGBTQI community.”

The Iloilo City Legal Office has 60 days from approval to promulgate the implementing rules and regulations (IRR), while the Public Information Office shall conduct an information drive 30 days from approval. The ordinance takes effect 10 days after its publication in a local newspaper.

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