The year 2017 marked numerous LGBTQI-related developments in these parts of the world.
On a more positive note, this was perhaps, and arguably, first stressed on May 24, when Taiwan’s highest court, the Judicial Yuan, ruled that limiting marriage to between only a man and a woman was unconstitutional, thereby voting in support of marriage equality. With this, Taiwan makes history as the first Asian country to vote in favor of marriage equality.
Then in November, Australians voted in favor of allowing same-sex couples to get married, with nearly 62% of respondents to a postal survey voting “Yes”, according to results released by the Australian Bureau of Statistics. This led to the marriage equality law passing Australia’s parliament on December 7.
But there (obviously) remain numerous anti-LGBTQI developments. In Indonesia, for instance, Arus Pelangi and Human Rights Watch (HRW) reported about the establishment of an anti-LGBT taskforce since LGBT people are seen to be suffering from a “disease of body and soul”; just as raids on LGBT people are becoming common.
Then in May, the government of a supposedly “progressive” Singapore started barring foreigners from joining the annual Pink Dot LGBT rights rally (now, only allow Singaporean citizens and permanent residents to attend).
That despite the progress made, much remains to be done goes without saying. And the Philippines may best highlight this.
Here are some of the LGBTQI-related occurrences marking 2017 in the Philippines.
- 4TH LGBT NATIONAL CONFERENCE
Gathering members – and leaders – of the local LGBTQI community continues to be challenging in the Philippines, with (to date) only four national conferences held here. Every conference is, in fact, serving as just a catching up, considering the number of years between the conferences (the first one happened in 1997, followed by the second in 2011, and the third in 2013).
Themed “Pasigarbo sa Pagkatawo (Behold our Identity)”, the 4th national conference was the first time it was held outside of Luzon (and Metro Manila); and – picking up where the 3rd national conference left off – was the first time to include voices of so-called minorities in the already minority LGBT community, e.g. senior LGBTQI people, differently-abled, LGBTQI people who belong to indigenous communities, and perspectives from people of faith/non-faith, among others.
The plan is to make the national gathering more regular; with participants eventually taught how-to’s in their pro-LGBTQI works.
For the first time in 11 years, the anti-discrimination bill (ADB; this time via House Bill No. 4982, otherwise known as the SOGIE Equality Bill) passed the third and final reading in the House of Representatives.
HB 4982 cites as discriminatory:
- Denial of access to public services
- Including SOGIE as a criteria for hiring or dismissal of workers
- Refusing admission or expelling students in schools based on SOGIE
- Imposing disciplinary actions that are harsher than customary due to the student’s SOGIE
- Refusing or revoking accreditation of organizations based on the SOGIE of members
- Denying access to health services
- Denying the application for professional licenses and similar documents
- Denying access to establishments, facilities, and services open to the general public
- Forcing a person to undertake any medical or psychological examination to determine or alter one’s SOGIE
- Harassment committed by persons involved in law enforcement
- Publishing information intended to “out” or reveal the SOGIE of a person without consent
- Engaging in public speech which intends to shame or ridicule LGBTQ+ persons
- Subjecting persons to harassment motivated by the offenders bias against the offended party’s
- SOGIE, which may come in the form of any medium, including telecommunications and social media
- Subjecting any person to gender profiling
- Preventing a child under parental authority from expressing one’s SOGIE by inflicting or threatening to inflict bodily or physical harm or by causing mental or emotional suffering
Any person who commits any discriminatory practice enumerated in the bill may be penalized by a fine of not less than P100,000 but not more than P500,000; or jailed for no less than one year but not more than six years or both, at the discretion of the court. The court may also impose upon a person found to have committed any of the prohibited acts the rendition of community service in terms of attendance in human rights education and familiarization with and exposure to the plight of the victims.
The bill was championed by Bataan Rep. Geraldine Roman, Dinagat Islands Rep. Kaka Bag-ao, Akbayan Party-List Rep. Tom Villarin, AAMBIS-OWA Party-List Rep. Sharon Garin, Negros Ocicidental Rep. Mercedes Alvarez, An Waray Party-List Rep. Victoria Noel, Pangasinan Rep. Toff de Venecia, Bataan Rep. Henedina Abad, among others.
This isn’t going to become law soon, with the landmark bill still awaiting a counterpart version in the Senate.
Still in the Lower House, Speaker Pantaleon Alvarez filed House Bill (HB) No. 6595, titled the Civil Partnership Act, which seeks to allow consenting adults “of either the same or opposite sex” to form “civil partnership couples” that enjoy “all benefits and protections … granted to spouses in a marriage.”
“Ultimately, at the core of a civil partnership are two fully consenting adults who, like many Filipinos, merely wish to love, care and support each other as they build a life together during their fleeting time here on earth. It is about time that the Philippine government grant couple, whether they are of opposite or of the same sex, adequate legal instruments to recognize their partnerships, respecting their dignity and recognizing their equality before the law,” the explanatory note of the bill states.
HB 6595 similarly seeks to give same-sex couples the rights to marital relations, rights to a child and intestate succession or inheritance, tax benefits and labor privileges (e.g. Social Security System, Government Service Insurance System, Philippine Health Insurance Corp. and other state agencies). Civil partnership couples would also be bound by the marital communication privilege, which prohibits them from testifying against the other.
Under this bill, no one can enter into a civil partnership unless he/she is at least 18 years old and “free from any previous bond of marriage or civil partnership.” Couples should have shared a “common domicile” for at least two uninterrupted years during the time of application for a license, and their relationship should be “publicly known.”
The bill also lists down “unlawful or discriminatory employment practices”, including refusal to hire on the basis of civil partnership status and imposes a penalty of P100,000 to P500,000.
For dissolution of civil partnerships that do not work, the grounds for legal separation, annulment and declaration of nullity of marriages will be applicable.
HB 6595 is co-sponsored by Reps. Geraldine Roman, the country’s first transgender lawmaker; Raneo Abu; Frederick Abueg; Len Alonte-Naguiat; Sandra Eriguel; Gwendolyn Garcia; Sharon Garin; Victoria Isabel Noel; and Eric Singson.
- NUMBER OF PRIDE CELEBRATIONS IS GROWING
If the numbers of people joining Pride gatherings are “markers” of how far the LGBTQI community is going, then we’re headed in the right direction. Yes, Metro Manila already has a commercialized Pride (this year held – for the first time – in Marikina City), aside from Pride in Quezon City, Baguio City, et cetera. But this year, the rainbow flag also rose in Cebu City for the first Visayas-wide Pride March; city of Zamboanga which held its first Pride March; and the city of San Juan, among others.
- NUMBER OF ADO IS GROWING
In the absence of a national law prohibiting discrimination against LGBTQI people in the Philippines (this year, no thanks to the slow movement in the Senate), the number of anti-discrimination ordinances (ADOs) is growing. They are not all “equal” – e.g. some only protect LGBTQI people in employment-related discrimination, while others are more comprehensive, offering protection in all forms of discrimination based on SOGIE. But that localized efforts are thriving still matter.
In September, Ilocos Sur joined the growing number of local government units (LGUs) in the Philippines with an anti-discrimination ordinance, with the province’s “gender-fair ordinance” approved on final reading by the Provincial Board. Principally sponsored by Atty. Pablito Sanidad, Ilocos Sur’s ADO mimics Quezon City’s version of ADO, which focuses on the sexual orientation, gender identity and gender expression, compared to other ADO versions that lump the LGBT community with other minority sectors (e.g. indigenous peoples, people living with HIV, persons with disability, seniors) as this approach is deemed more palatable to those who may oppose passing an ADO.
In October, the City of San Juan in Metro Manila became the newest addition to LGUs in the Philippines with an ordinance that declares it unlawful to discriminate against LGBT people. City Ordinance No. 55 was the brainchild of Vice Mayor Janella Ejercito Estrada and was sponsored by Councilor Mary Joy Ibuna-Leoy; it was approved on third and final reading after it was co-authored by all the city councilors and was passed unanimously. It now awaits the signature of the city’s mayor, Guia Gomez.
To date, LGUs with ADOs now include:
- Angeles City, Pampanga
- Antipolo City
- Bacolod City
- Baguio City
- Batangas City
- Butuan City
- Candon City, Ilocos Sur
- Cebu City
- Dagupan City
- Davao City
- General Santos City
- Mandaue City
- Quezon City (in 2003 and in 2014)
- Puerto Princesa City
- Vigan City
- Municipality of San Julian, Eastern Samar
- Barangay Bagbag, Quezon City
- Barangay Greater Lagro, Quezon City
- Barangay Pansol, Quezon City
- Province of Agusan del Norte
- Province of Batangas
- Province of Cavite
- Province of Iloilo
- Province of Dinagat Islands
There are also pro-LGBTQI policies (not ADOs). In July, for example, Laoag City’s Office of the City Administrator released a memorandum directing all of the city’s heads of offices and employees not to use derogatory words to address, call and describe LGBT co-employees. The memorandum, released by Laoag City Administrator John Michael Fariñas, is said to be in line with the city government’s support to the LGBT community and the push for the enactment of the anti-discrimination bill into law. It specifically directs all heads and employees to practice and put to heart a simple way of showing respect by not using the terms “bakla“, “tomboy” or “transgender” to address and/or describe persons of the LGBT community to “practice and maintain respectful attitude or behavior towards everyone regardless of gender.” The memorandum also stated that if a person prefers to use a specific pronoun (i.e. “he” or “she”), then the person should be called and treated accordingly. Employees who are found violating the directive will be charged administratively for conduct unbecoming, disrespect, and insubordination.
- NUMBER OF LGBTQI COMMUNITY MEMBERS WITH HIV IS GROWING
Members of the LGBTQI community – particularly gay and bi men – continue to be greatly affected by HIV in the Philippines.
In September 2017 (when the latest data was released by the HIV/AIDS & ART Registry of the Philippines or HARP), there were 936 new HIV cases. Most (97%) were male.
Yes, the Filipinos getting infected with HIV are getting younger. In September 2017, 286 (31%) cases were among youth aged 15-24 years. But 96% of the cases were male. Ninety-nine percent (283) were infected through sexual contact (31 male-female sex, 182 male-male sex, 70 sex with both males and females), two were infected through sharing of injected needles, and there was one who have no data on mode of transmission.
It is worth noting that from 1984 to 2009, the predominant mode of HIV transmission in the Philippines was male-female sex. But beginning 2010, the trend spiked to male-male sex as the predominant mode of transmission and has continually increased since then. In the past five years, from January 2012 to September 2017, 82% (32,424) of new infections through sexual contact were among men who have sex with men.
Now, as the cliché goes, what 2018 will bring to the LGBTQI community remains to be seen.
Discrimination of LGBTQIA Filipinos goes beyond CR access, say activists
51% of 400 LGBTQIA community members surveyed claimed that they experienced discrimination in public schools, 31% in the streets, and 28% in private schools. This highlights that LGBTQIA-related discrimination happens in the Philippines go beyond toilet-related access.
Gretchen Diez may have self-proclaimed herself to be the “face of the LGBT movement”, but advocates of the SOGIE (Sexual Orientation and Gender Identity and Expression) Equality Bill noted that LGBTQIA-related discrimination happening in the Philippines go beyond toilet-related access.
Diez recently made the news because of her ordeal while trying to access the female toilet in Farmer’s Plaza, a mall in Cubao, Quezon City. But Diez, who has been in the limelight following her experience and not because of her involvement in LGBTQIA advocacy, now fashions herself as the sole representative of the local LGBTQIA community/as the community’s “face”.
During a Senate committee hearing on the measure held on August 20, mentioned was a survey conducted by Rainbow Rights Project Inc. (R-Rights) with Metro Manila Pride Inc. from 2017 to 2019, with the results showing that 51% of 400 LGBTQIA community members surveyed claiming that they experienced discrimination in public schools, 31% in the streets, and 28% in private schools.
And so Atty. Jazz Tamayo, executive director of R-Rights, the Constitution’s equal protection clause is not enough to guarantee equality. “We need laws that will specifically compel if it cannot make people understand what equality is. The fight for the SOGIE (Equality) Bill has been too long, all these cases, all these suffering… they simply must stop.”
There are also instances when State bodies end up promoting LGBTQIA discrimination. In Cagayan de Oro City in 2016, for instance, the regional trial court (RTC) sided with a school principal who ordered a Grade 4 student to wear school curtains as punishment for violating the dress code.
“The child was made to wear school curtains as a punishment for failing to abide by (the) uniform policy. This was done to the child no less than six times by the defendant principal,” Tamayo said. “The judge ruled that the child was too young to venture into a lifestyle of a gender identity that is different from the child’s assigned sex at birth.”
The RTC judge further ruled that the mother of the child was to blame for “not guiding her child better.”
“I can imagine the chilling effect it will have for other parents who would have to file cases like this… (with) the judge just berating them about how they did not discipline their child,” Tamayo added.
For her part, Disney Aguila, president of Pinoy Deaf Rainbow Inc. (PDR), the pioneering organization for Deaf LGBTQIA Filipinos, recalled how she – herself – encountered discrimination because she identifies as a transgender woman.
Speaking to Outrage Magazine, Aguila recalled how – when she applied for a job – the HR (human resource) person of a clothing company based in Pasay City at first “praised her for looking nice”. But the same PR officer – when going through Aguila’s bio-data – saw that her assigned sex at birth was male; and “she frowned.” The HR officer asked Aguila to turn around, and then started pulling her braided hair; she then asked Aguila to have her hair cut.
When Aguila asked why, she was told that it’s because she is a “he”, based on her assigned sex at birth, and that either she presents herself as a man or not be hired. Aguila left that office without a job.
“The level of discrimination we encounter is doubled not only because we are persons with disability (PWD) but also because of our SOGIESC,” Aguila said.
Meanwhile, Perci Cendaña – former commissioner at the National Youth Commission, and now with Babaylanes Inc. – cited the cases of: 1) a certain Jay, a Grade 12 transgender man from Pampanga, who did not finish his secondary school because when he met with his principal for college requirements, he was berated for not following the school dress code; and 2) transgender senior high school students of the Polytechnic University of the Philippines who – at first – were told that they would not graduate if they won’t follow the school’s prescribed haircut, and though they were later allowed to graduate, they did not receive a certificate of good moral character, which is a requirement for many colleges/universities for incoming students.
“The Philippine youth development plan states that youth development is defined as enabled, involved, patriotic youth realizing their aspirations. Discrimination, stigma… is a deterrent to development,” Cendaña said. “We would like to reiterate that discrimination is an issue not just of human rights but a development issue because it deters our young people from realizing their aspirations.”
“When you give us equal rights, there is no taking from you. There is no lessening of you. No one is any less a man or a woman. The SOGIE Equality Bill means simply that, an acceptance that we are different but equal,” Tamayo of R-Rights ended.
Behind the bars on LGBTQIA life in prison
In the Philippines, it remains hard to monitor wrongful accusations (and eventual wrongful convictions); much more on how badly this affects members of the LGBTQIA community. Outrage Magazine interviews a gay man who experienced this, and what he went through as a minor behind bars.
It was a tiring day for then-16-year-old Harry (not his real name). He just got home from two consecutive weddings, and so – right after arriving at their house in San Jose City in Nueva Ecija – he asked his mother if he could skip school to just rest.
Harry’s mother indulged him; but she also asked Harry to look after a younger sibling as she had to do some errands. On her way out, Harry saw his mother speak to the nine-year-old son of their neighbor outside their house; he said he was just wandering to catch a dragonfly.
With his mother gone, and before getting some sleep, Harry decided to harvest some mangoes from the tree beside their house. And while atop the tree, he noticed that the nine-year-old boy was no longer in the street. After getting down from the tree, he went inside their house, locked the door, and then slept.
It seemed that only a few minutes passed, but Harry was woken by knocking on their front door. He got up to open the door; it was the nine-year-old boy’s mother, asking about the clothes Harry wore to one of the weddings that day. When Harry moved to go inside the room to get the pants he wore, the nine-year-old boy surfaced from inside the room.
“Anong ginagawa mo diyan (What are you doing there)?” the mother asked her son, flabbergasted.
He said “tinitingnan ko lang ‘yung kapatid ni Harry (I was just looking at the younger brother of Harry).”
Harry joined the conversation, saying he didn’t know that the boy was even inside.
The boy’s family went straight to the police station, accusing Harry of child molestation. Harry was eventually taken into custody.
Though he was only 16 then, Harry was detained at the lock-up facility of the Philippine National Police (PNP). This is – by itself – a violation of Republic Act 9344 or the Juvenile Justice Law of 2006, which sets the minimum age of criminal liability at 15 years old. This means that those between 15 to 18 years old (and Harry was 16 when the alleged rape happened) may be detained in youth centers and go through rehabilitation programs, while those under 15 years old are exempted from criminal liability and undergo intervention.
After a month with the PNP, Harry was transferred to the custody of the Bureau of Jail Management and Penology (BJMP), an agency of the Department of the Interior and Local Government (DILG), mandated to direct, supervise and control the administration and operation of all jails in the Philippines.
Here’s a sobering fact: the incarceration rate of lesbian, gay and bisexual (LGB) people is up to three times than that of the general population. Sexual minorities (or people who self-identify as LGB and people who do not identify as LGB but reported a same-sex sexual experience) comprise: 9.3% of men in prison, 6.2% of men in jail, 42.1% of women in prison, and 35.7% of women in jail.
Note: As is often used, “jails” are facilities that hold inmates awaiting trial or serving short sentences, while “prisons” are facilities for those serving their (often longer) sentences.
Now this is worth stressing: Even if this has already been (partly) studied overseas, this continues to be largely ignored in the Philippine context.
One study – “Incarceration Rates and Traits of Sexual Minorities in the United States: National Inmate Survey, 2011–2012″, co-authored by Ilan H. Meyer, PhD, Andrew R. Flores, PhD, Lara Stemple, JD, Adam P. Romero, JD, Bianca D.M. Wilson, PhD, and Jody L. Herman, PhD and published in the American Journal of Public Health – found that sexual minorities are not only incarcerated at disproportionately high rates, but that once incarcerated, they are more likely to experience mistreatment, harsh punishment and sexual victimization.
A LIFE IN FEAR
“Nung first time kong pumasok sa loob ng selda, binuhusan ako ng isang pulis ng tubig habang natutulog pa ako (The first day I got detained, a police officer splashed water on me while I was sleeping),” Harry recalled. Dazed and confused, and not knowing who the person was (because she was not wearing uniform), “tinanong ko siya kung naka-detain din ba siya; hindi ko alam na pulis siya. Nalaman ko lang nung bigla niyang pinakuha yung batuta niya (I asked if she was also a detainee; I had no idea she was a police officer. The moment she asked for her club/cudgel, everything just came to me).”
There was a time when Harry was almost transferred to Boystown (a facility for offending minors), but his mother pleaded for this not to be done since he would then be too far from home and she would be unable to visit him regularly. And because he did not entirely understand what was being discussed, all Harry said he could do was cry, “too scared of everything.”
Bullying/getting maltreated was a “norm” particularly for those who just enter prison.
In Harry’s case, he was beaten – an act, he was told, was “a way to welcome new inmates.”
“Ano yung ginagawa ng mga jail officers? Wala lang din. Wala silang ginagawa kasi minsan parang sila na din yung nagsasabi o nagbibigay ng memo na i-welcome yung mga bagong inmates (The jail officers are not acknowledging this issue. They are not doing anything about it because there are times when they, themselves, are the ones who give orders to welcome new inmates in that way),” Harry said.
Inside the jail, minors are supposed to be separated from the adult inmates. But this policy is also amendable, depending on the whims of the warden. In their case, an inmate who was also a minor tried to escape because he wanted to celebrate his birthday outside the prison, but “after that incident, the (minors were already treated as adult inmates), included with the adult prisoners.”
Men and women have separate sections; but transgender women are mixed with men.
“Wala silang sariling lugar doon sa kulungan. Isinasama sila sa mga lalaki kasi para sa mga tao doon, lalaki pa din sila (There’s no designated place for them. The jail officers still see/treat them as men),” Harry said.
Also as big as a risk for new inmates like Harry was getting raped.
“Meron talagang rape na nangyayari sa loob. Lalo na sa mga bagong pasok. Yun din minsan ang parang pinaka-welcome ng mga inmates na lalaki sa mga inmates na bakla. Kahit ayaw mo, talagang pipilitin at pipilitin ka (It is undeniable that rape occurs inside the jail. They specially do it to the newcomers. This is how straight inmates would welcome gay people in their cell. Even if you don’t want to, you will be forced)” Harry recalled.
Harry was not exempted from this experience because, “sabihin ko man na ayaw ko, hindi pa din sila pumapayag na huwag kong gawin. Pag sinabi ng isang inmate na gawin namin, wala na lang din akong magawa kundi sumunod na lang (Even though I didn’t want to, I would never have a choice. If a straight inmate asked for it, you just have to obey them),” Harry said. “Na-experience ko yun as a welcome sa akin nung pagpunta ko don (I experienced it as a welcome greeting when I first got there).”
At 16, Harry was raped in jail by a 23-year-old.
“Pag na-gustuhan ka nila, may mga grupo don tapos lalapitan ka nila. Papapasukin ka nila sa lugar nila tapos gagalawin ka nila. Mapapasunod ka na lang kesa masaktan ka (If you caught their interest, groups of boys would approach you and ask you to join them in their cell to rape you. You won’t have any other choice because if you refuse, they will hurt you),” he said.
This maltreatment, by the way, is not exclusive to members of the LGBT community in jail/prison, since “there, no matter what your gender is, they will hurt you if they wanted to.”
Though these may – no doubt – be known to those running the country’s jails/prisons, Harry said that they didn’t have access to any contraceptives and/or protection while inside the jail/prison.
“Hindi sila nakakapag-provide ng ganun. Kahit minsan nasusubukan namin magkaroon ng sakit, hindi din kami nabibigyan ng kahit anong gamot. Itinatawag lang namin sa mga magulang namin yung mga ganun (They can’t provide things like that. Even at times when we were sick, no medicines were made available to us. We still rely on our relatives outside),” he said, adding: “Saka pa lang nagkakaroon ng aksyon pag parang mamamatay na yung tao (They only really act when someone is already really close to dying.)”
There was a point in time when Harry said he almost gave up. But he kept telling himself that “hindi yun ang panahon na dapat akong mawalan ng pag-asa dahil naniniwala ako noon na darating at darating yung oras na malalaman talaga kung ano yung totoo (That was not the time for me to just give up. I had faith that the truth will come out),” Harry said.
Much has already been said about prison management in the Philippines.
To start, and as noted by the Human Rights Watch (HRW), critical and chronic overcrowding has long been a perennial topic when discussing the country’s jail facilities. BJMP runs 415 detention facilities in 17 regions, and on average, its jailhouses report 380% overcapacity. In Metro Manila alone, the BJMP’s total cell area of 22,318 square meters, designed for 4,749 detainees; but it currently holds 21,868 detainees (a congestion rate of 361%).
The surprising – and somewhat senseless – thing worth noting here is that between 85% and 90% of the more than 94,000 inmates in the custody of BJMP are awaiting or undergoing trial.
“This makes the Philippines the Southeast Asian country with the highest number of pretrial and remand detainees and the second highest in all of Asia. Prolonged detention without charge or trial violates international human rights instruments, including Article 9 of the International Covenant on Civil and Political Rights, which the Philippines ratified in 1986. Moreover, it ‘shall not be the general rule that persons awaiting trial shall be detained in custody,’ but rather released with guarantees of appearing for trial,” HRW stated.
HRW also noted that “the injustice of lengthy detention is compounded by the horrific conditions of the jail facilities (with) many detention centers in the Philippines failing to meet the minimum United Nations standards for such facilities, including inadequate amounts of food, poor nutrition, and unsanitary conditions.”
And yes, “torture and other forms of ill-treatment are also common,” HRW similarly noted.
Inside jail, fighting for oneself was never really an option, Harry said, because the inmates could just – eventually – get back to you for fighting back. Giving in to just go with the flow was the attitude being in jail teaches inmates.
Though one time, Harry said he tried to fight for his basic human right of… simply existing and being treated more humanely.
One time, he recalled, a lady jail officer started pushing his chest with her fist and kept asking him if it hurts. It reached a point where the officer was already pointing a knife at him.
“Sabi ko sa kanya, hindi rin ako papayag na gaganunin niya ako. Bilang isang inmate, itrato din naman sana kami na parang tao dahil hindi naman kami iba sa kanila. Kasi sabi ko wala naman kaming ginagawang masama sa kanila. Tapos sabi ko pwede ko silang ireklamo sa ginagawa nilang ‘yun (I told her that I won’t let her do that to me. I may be an inmate, but I am also a person just like her. I told her that I did not do anything wrong to deserve the way she is treating me. I also told her that I could file a complaint on how she is treating me),” he said.
That – fortunately for Harry – silenced and prevented her from doing more harm.
It was while in jail that Harry finished high school under the Alternative Learning System (ALS) program offered there.
ALS is a practical option for learning in the Philippines, offering education to those who could not usually attend and access the formal type of schooling.
It was also while in jail when Harry first found love.
Harry met another minor, and “we became BFs.”
Prisoners who are in relationships and want to have sex may ask for permission from the jail officers who then give them space to do so. “Pwedeng-pwede lalo na pag LGBT ka; pero pag babae at lalaki, medyo mahirap kasi inmate na lalaki at inmate na babae, bawal ‘yun (ipagsama) (The officers are very open to that matter specially if you are a part of the LGBT community. But if the sexual intercourse is going to be between a man and a woman, they don’t allow it).”
Their relationship lasted for a year and three months.
THE WRONGLY ACCUSED
While in jail, Harry was repeatedly told that he would be transferred to “The Mansion” (how inmates called New Bilibid Prison, located in Muntinlupa as the main insular penitentiary designed to house the prison population of the Philippines). He was scared; and he was feeling bad, though not just for himself but also his mother who – even if she just gave birth – continued to regularly visit him.
And then one day, his lawyer – while on a visit – just handed him his already-signed release paper.
“Bigla po akong na-congratulate ng attorney ko dahil nai-panalo ko daw yung kaso ko (My lawyer congratulated me because we won the case),” Harry said.
Relieved, he said he just wanted to have a life outside.
It is worth noting that Harry’s case is not exactly rare. And the warning bells have long been ringing.
In 2004, Free Legal Assistance Group (an NGO that provides legal assistance mainly for human rights cases) conducted a survey of death convicts in the Philippines, and it found “significant figures that could indicate a high judicial error rate”. The survey showed that 73.9% of the convicts were arrested without a warrant, 78.3% were not informed of their constitutional rights at the time of arrest, and – get this! – 90% were not assisted by counsel during police investigation and interrogation.
Perhaps it is also worth noting that 52.2% of the convicts belong to the lowest socioeconomic class.
In 2014, Innocence Project (a litigation and public policy organization composed of human rights advocates in Ateneo, UP Law School and De La Salle University College of Law, headed by Jose Manuel “Chel” Diokno) revealed that some 400 prisoners were wrongfully convicted by the court; most are charged with rape.
And in 2017, the Philippine Daily Inquirer reported of the Supreme Court’s admission that seven in 10 death penalty convictions in 1993-2004 by the lower courts, submitted for automatic review, were wrongly judged. Also, during trials, 59% of the suspects were represented by lawyers from the Public Attorney’s Office, but 54.1% did not have regular consultations with their trial lawyers, and 10.2% never even had a consultation.
So in 2017, during the 17th Congress, former Sultan Kudarat Rep. Horacio Suansing Jr. and Nueva Ecija Rep. Estrellita Suansing filed House Bill 5582 to create a commission mandated to review all cases in which an innocent person was convicted; identify the causes of wrongful convictions; and identify current laws, rules and procedures implicated in each identified cause of wrongful convictions. This is because, the politicians noted, “at present, there is no government entity in our country charged with conducting the independent expert review of wrongful convictions necessary to identify the primary and potential causes of wrongful convictions.”
The same bill was actually originally filed by the late Senator Miriam Defensor Santiago during the 14th Congress and refiled during the 16th Congress. It failed to pass the 17th Congress.
Suffice it to say, in a country like the Philippines, it remains extremely hard to monitor wrongful accusations (as in the case of Harry) and eventual wrongful convictions; much more on how badly this affects members of the LGBTQIA community. And then – yes – add to this the extra layer of hardships experienced by members of the LGBTQIA community if/when they are sent to jail/prison, some of them experienced by Harry, solely because of their sexual orientation, gender identity and gender expression.
THE WORLD OUTSIDE
Upon his release from jail, Harry’s first stop was his brother’s house, where they accused him of escaping. “They only believed me when I showed them the release paper,” he recalled.
Not surprisingly, the complainants weren’t too happy that Harry was released. And this was even if other stories emerged – e.g. that the family of the complainant just paid the medical exam to release a report that stated that the boy was raped; that when the nine- year-old boy was interviewed, he actually denied that he was raped; and that the complainant demanded P30,000 from his family in exchange for his freedom.
Harry was also told that if he wants to turn the tables on them and file a case against his complainants, it would be a very strong lawsuit.
But not that Harry even cared at that point in time. “Pinabayaan ko na lang. Hindi ko inisip na maghiganti pa sa kanila (I moved on. Revenge is not what I wanted),” Harry said.
Harry’s relationship with his fellow minor inmate also did not prosper.
The BF is also already out of jail, Harry said, and he’s already married (to a woman). “Wala naman akong magawa kundi maging masaya na lang para sa kaniya. Pero magkaibigan kami ngayon (There’s nothing I can do but be happy for him. We’re still friends though),” Harry said.
As a freed man since 2016, Harry eventually found a job working for a local government official.
“Sa totoo lang, mahirap talaga ang buhay sa loob ng kulungan kapag kayo ay papasok so kailangan talaga na mag-ingat kayo na wag gumawa ng kasalanan (My advice to the LGBT people is for them to watch their actions because it is very hard to live behind the bars),” Harry said.
And to the incarcerated: “Sana mag-ingat na lang din sila kasi kailangan din nilang maipagtanggol yung sarili nila sa lahat ng maling gawain doon sa loob (To those who are inside, they should take care and learn to fight for themselves from every wrong thing that is happening inside).”
Civil partnership bill refiled in 18th Congress
Under House Bill 2264, all benefits and protections granted to spouses in marriage under existing laws, administrative orders, court rulings, or those derived as a matter of public policy would also be enjoyed by civil partnership couples.
Separate but equal.
A bill proposing to allow couples to enter into a civil partnership, whether they are of the opposite or of the same sex, has been filed by former Speaker and Davao del Norte 1st District Rep. Pantaleon Alvarez in the 18th Congress.
Under House Bill 2264, all benefits and protections granted to spouses in marriage under existing laws, administrative orders, court rulings, or those derived as a matter of public policy would also be enjoyed by civil partnership couples.
At the same time, laws on marital relations, including donations by reason of marriage, legal separation, adoption, child custody and support, property division and maintenance, and spousal support, will also apply to civil partnership couples.
In refiling the civil partnership bill, Alvarez stressed the right of all Filipinos to equal protection under the law and to freely associate themselves with others.
“This bill… hereby proposes to allow couples to enter into a civil partnership, whether they are of the opposite or of the same sex,” he said. “It aims to be a landmark effort to provide civil rights, benefits, and responsibilities to couples, previously unable to marry, by giving them due recognition and protection from the State.”
Alvarez filed the same bill in the 17th Congress, where it failed to get pass the deliberations of its mother committee.
But at that time, Atty. Clara Rita Padilla, executive director of EnGendeRights Inc., a human rights organization that fights against discrimination of women and LGBTQI people, said that Philippine law should uphold the basic human rights of everyone regardless of sexual orientation, gender identity, and expression (SOGIE).
“LGBTQI people enjoy the same rights to equality and non-discrimination as all Filipino citizens, thus, our laws should afford LGBTQI people the same rights as heterosexuals. The right to marry is a basic human right that everyone should enjoy – heterosexuals and LGBTQI people alike. It is guaranteed by our constitutional rights to equality, equal protection of the law, privacy, religion and belief,” Padilla said.
Presently, LGBTQI couples are denied the benefits enjoyed by heterosexuals, such as the right to jointly adopt children, own conjugal properties, intestate succession, immigration, avail of tax exemption, and avail of benefits related to insurance, social security, medical, hospitalization, next-of-kin, burial, among others. These benefits have long been enjoyed by married heterosexual couples simply because they are heterosexuals.
In a 2018 Social Weather Stations (SWS) survey – done via face-to-face interviews from March 23 to 27, and which asked 1,200 respondents across the country 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,”
But according to Pres. Rodrigo Duterte’s spokesperson at that time, Harry Roque, the President is said to support civil unions but not same-sex marriage (https://outragemag.com/duterte-backs-civil-unions-not-same-sex-marriage-spox-roque/).
Empowering barangays to empower LGBTQIA Filipinos
Many LGBTQIA people encounter abuse from family and community members, and yet have no one in the community to turn to. But Ging Cristobal of OutRight Action International believes that there are ways to address existing barriers.
Thirty-one year-old Jelay (not her real name), a trans woman from Zamboanga del Norte, southern Philippines, was sexually violated by her uncle when she was still a child. But when she raised this issue to family members, the community and then the law enforcers, she was not taken seriously; her experience oh-so-easily discredited, and this largely stemmed from her gender non-conformity.
According to Ging Cristobal of OutRight Action International – noting the experience of LGBTQIA people like Jelay – “the traumatizing nature of (LGBTQIA) domestic violence prolonged through an absence of culturally competent interventions, judicial recourse, legal aid and psychotherapy supports, points to its key role in underpinning a broader experience of social marginalization and stigmatization for (LGBTQIA) persons.”
This is what led to OutRight Action International and EnGendeRights Inc. to embark – starting March 2016 – on a project, “Enhancing Domestic Violence and Family Violence (DV/FV) Protections for Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) People in the Philippines”. The intent was to address barriers to domestic and family violence protections by service providers by providing sensitive, appropriate and respectful intervention, service and support.
“(We wanted) to help members of the (LGBTQIA) community have access to inclusive, free medical, legal and mental health service from barangays that are considered the first responders when they experience violence, abuse and discrimination,” Cristobal said to Outrage Magazine.
VIOLENCE IN THE HEARTLAND
From 2010-2012, OutRight Action International partnered with organizations in the Philippines, Malaysia, Japan, Pakistan and Sri Lanka to document experiences of violence among lesbian, bisexual and transgender (LBT) people in a five-country LBT Violence in Asia project.
“Our findings revealed that domestic violence — including from both family members and intimate partners — is consistently the most common form of violence experienced by lesbian, gay, bisexual, transgender and intersex (LGBTI) people in the Philippines,” Cristobal noted.
Many of those interviewed, including Jelay, highlighted the “haunting” nature of the sexual violence experienced… as a result of gender non-conformity.
This underscores the importance of designing strategies to “complement existing and emerging domestic violence intervention efforts,” Cristobal said; and this is where OutRight Action International and EnGendeRights Inc. entered the picture.
EMPOWERING THE GRASSROOTS
From March 2016 to 2018, for the first phase of the project, 187 barangay personnel have been trained from 72 barangays from the six districts of Quezon City (where the project was eventually started). Out of these, 65 trained trainers conducted echo trainings and 1,165 people were reached through the six district level community forums to mainstream LGBT DV/FV issues.
A DV/FV Protocol for LGBT services was also launched and disseminated; this explains procedures for case handling, obligations of barangays under Philippines national law on gender violence, and obligations under Quezon City’s Gender Fair Ordinance.
And because of the project, the first-ever barangay intake form for handling DV/FV complaints/reports was developed at the local level; for the first time, it encourages a complainant to comfortably signify one’s sexual orientation and preferred gender.
AN ONGOING CONCERN
The project already rolled out phase two, where the intention is to “continue to increase the awareness and skills of barangay officials and service providers in SOGIESC-sensitive interventions for domestic and family violence of LGBT people,” Cristobal said.
Other goals include: to continue to strengthen the knowledge and skills around SOGIESC-specific DV/FV of service providers, government officials and community leaders; improve the psychosocial support for trained service providers who are working with LGBTI victim-survivors of DV/FV; assist barangays to improve access of LGBTI people seeking help services related to DV and FV; develop strengthened legal protections and resource allocation for LGBT victims of violence; and eventually replicate the Quezon City LGBTI-inclusive barangay model to Muntinlupa City and other cities in the Philippines.
There remain ongoing/continuing challenges, Cristobal admitted.
For instance, barangays change their Gender and Development (GAD) and Violence Against Women (VAW) desk officers regularly.
But solutions have also been developed – i.e. in the above case, “we drafted the protocol on how to address DV/FV experienced by LGBTI persons so that the new barangay staff will be able to read, learn and apply SOGIE-sensitive intervention.” Now, too, the city GAD council will be the one to ensure that GAD and VAW service providers in barangays are and will always be LGBTI-inclusive.
Yet another issue is politicking, since “some barangay officials who are not supportive of the present mayor makes it hard for LGBTI and barangay staff to join the project.” To deal with this, “and while our project is supported by (current Quezon City Mayor Joy Belmonte), we do not discriminate who should join just as long as the LGBTI person, GAD and VAW desk officer is willing to provide quality service to LGBTI people in their community.”
Because in the end, the goal for service providers to serve all the people… meaning, including LGBTQIA people, too.
For cities and municipalities interested to replicate the LGBTI-inclusive barangay model, contact Ging Cristobal at firstname.lastname@example.org or (+63 9175570405).
Phl votes for LGBTQIA rights at UN Human Rights Council
The UNHRC adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity.
The United Nations Human Rights Council (UNHRC) adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity (SOGI).
The resolution was adopted by a vote of 27 in favor, with 12 voting against and seven abstentions.
Now this is worth highlighting: The Philippines voted in favor of the resolution.
The Philippines’ UN voting history vis-à-vis LGBTQIA people has been inconsistent. In 2016, when the UNHRC adopted the resolution on “protection against violence and discrimination based on SOGI (which created the post for the Independent Expert), the Philippines abstained from voting for the resolution. It was then under the presidency of Benign Aquino III.
Also to date, the country still does not have a national anti-discrimination policy protecting the human rights of LGBTQIA Filipinos, even if various versions of the anti-discrimination bill (ADB) have been filed in the Upper and Lower Houses of Congress for 20 years now. In 2017, during the last – 17th – Congress, it passed the House of Representatives; but its counterpart version in the Senate failed to gain traction.
Created in 2016, the UN Independent Expert on SOGI has been supported by a growing number of States from all over the world. This new resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay.
The UN Independent Expert on SOGI is tasked with assessing implementation of existing international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Through the work of this mandate since 2016, the impact of criminalization of same-sex relations and lack of legal gender recognition, the importance of data-collection specific to SOGI communities, and examples of good practices to prevent discrimination have been highlighted globally, with visits to Argentina, Georgia, Mozambique and Ukraine.
As a top-to-bottom approach, however, the immediate impact of the UN Independent Expert on SOGI on grassroots LGBTQIA activism remains a sore issue for those critical of its.
The renewal process of the mandate had to overcome 10 hostile amendments, but the core of the resolution in affirming the universal nature of international human rights law stands firm.
RESULTS OF THE VOTE
Voting in favor of the resolution
Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile, Croatia, Cuba, Czech Republic, Denmark, Fiji, Iceland, Italy, Japan, Mexico, Nepal, Peru, Philippines, Rwanda, Slovakia, South Africa, Spain, Tunisia, Ukraine, UK, Uruguay
Voting against the resolution
Afghanistan, Bahrain, Bangladesh, China, Egypt, Eritrea, Iraq, Nigeria, Pakistan, Qatar, Saudi Arabia, Somalia
Abstaining on the resolution
Angola, Burkina Faso, Democratic Republic of Congo, Hungary, India, Senegal, Togo
SOGIE Equality Bill filed anew in 18th Congress
In the Lower House, Lumad leader-turned-Bayan Muna Rep. Eufemia Cullamat has refiled the SOGIE Equality Bill as House Bill 258. Meanwhile, in the Upper House, Akbayan Sen. Risa Hontiveros refiled the bill as Senate Bill 159, one of her priority measures.
We continue to #ResistTogether.
Versions of the Sexual Orientation, Gender Identity and Gender Expression (SOGIE) Equality Bill have been re-filed in the Lower and Upper Houses of Congress.
In the Lower House, Lumad leader-turned-Bayan Muna Rep. Eufemia Cullamat has refiled the SOGIE Equality Bill as House Bill 258. Co-authors are Bayan Muna Reps. Karlos Ysagani Zarate and Ferdinand Gaite.
Meanwhile, in the Upper House, Akbayan Sen. Risa Hontiveros refiled the bill as Senate Bill 159, one of her priority measures.
The explanatory note of HB 258 talks about intersectionality, stating that “LGBT (people) often find it difficult to exercise their rights as persons, laborers, professionals, and ordinary citizens.”
For instance, “LGBT students are denied admission or expelled from school due to their sexual orientation or gender identity. Companies block the promotion and stymie the career advancement of gay or lesbian employees due to the deeply embedded notion that homosexuality denotes weakness. Laws such as the current anti-vagrancy law are also abused by the law enforcement agencies to harass gay men.”
Incidentally, the latter – i.e. anti-vagrancy law – was repealed in March 2012 (via Republic Act 10158), but members of the LGBTQIA community (particularly gay and bisexual men) often still fall prey victim to harassment by law enforcers.
“It is therefore imperative to define and penalize practices that discriminate against LGBT (people),” continued the explanatory note of HB 258.
Hontiveros, for her part, said the time has come for the enactment of the SOGIE Bill; even vowing that the incoming Congress will be a “massive victory against hate and discrimination.”
“If the Senate’s 17th Congress was a big win for women and health, the 18th Congress will be a massive victory against hate and discrimination. The SOGIE Equality Bill will pass. It is a measure whose time has come,” Hontiveros said.
In 2017, the House of Representatives actually passed the SOGIE Equality Bill. The Senate’s version, however, did not gain the final approval of the 17th Congress.