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In Cebu, the anti-discrimination fight is not over

A year after that much-lauded anti-discrimination ordinance was passed in Cebu City, Transgender Colors Inc. noted that discriminatory acts continue to be committed against members of the LGBT community. This is the LGBT organization’s call for the local government unit to fulfill its promise to protect people irrespective of their sexual orientation and gender identity.

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Last October 17, 2012, the Cebuano LGBT Community celebrated a long-awaited victory in Cebu City when the council passed the first comprehensive law that prohibits discrimination on the basis of age, disability, health status, sexual orientation and gender identity, ethnicity and religion in the country. City Ordinance 2339 or the Anti-Discrimination Ordinance is a valued gift of the city to the LGBT community because it is the first time that a local government unit recognized the human rights of lesbians, gays, bisexuals and transgenders with an ordinance that promotes the welfare of the LGBT people by protecting us against discrimination.

A year has passed, and as a community, we’ve come to realize that this ordinance is still not yet fully implemented.

Transgender Colors Inc. has documented incidences of discrimination towards our community members, with most of the discriminatory acts committed against transwomen.

For instance, after the council passed this ordinance, Britney, a transwoman and a call center agent, finally had the courage to go back to school to continue her education during the second semester of 2012. She only has a subject left to take before she can graduate. However, during the enrollment, the school’s Student Affairs Office (SAO) refused Britney’s application to to enroll – this is until she complies with the university’s policies on men’s prescribed haircut. Discomfited by the terms, she decided not to pursue finishing her education.

Last November 18, 2012, two transwomen went out to party at a bar in Mango. They were refused entry into the bar – and surprisingly, only after they already paid the bar’s cover charge – because of the club’s dress code that lumps transwomen with “crossdressers”. Also on that same night and club, two transwomen who were able to enter the premises were reprimanded when they used the women’s toilet; they were forced to go to the men’s toilet.  Because only two days elapsed when the Cebu City mayor signed the ordinance, Transgender Colors Inc. wrote a letter to his office, asking for a inquiry to be made on the matter.  We have yet to receive any official response from the mayor’s office.

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Earlier in 2013, another transwoman, Jamie, was also not permitted to enroll until she complies with her school’s policy on prescribed haircut and uniform for men. Worried that she may not get a degree, she decided to cut her hair, and she now resents having a male identity.

And then just last June, Diane, a call center manager, successfully enrolled in a Law school. To her shock and dismay, however, she was belatedly reprimanded and advised to comply with the prescribed haircut for male students or she will no longer be allowed to enter the school. On the same note, Gabee was reprimanded by the guard of her university because she was seen using the women’s toilet. As a punishment, she was forced to surrender her ID.

These incidences were documented because all these transwomen reported what they experienced to our organization in the hope that the existing ordinance will protect them from the discrimination based on their gender identity. We recognize that the actual number of discrimination experienced by LGBT people may be higher, considering that there are a lot of unreported incidences. One only needs to look at Facebook accounts to see the prevalence of these discriminatory acts.

DISCRIMINATION AT BARS

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DISCRIMINATION IN EMPLOYMENT

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DISCRIMINATION IN EDUCATIONAL INSTITUTIONS Cebu4

There is still a lot to do in the fight against discrimination, so that other than gathering incident reports, Transgender Colors Inc. has been consistently promoting and educating particularly LGBT people about the ordinance, reaching our members and other LGBT organizations in the barangays of Cebu City. Also, we’ve been conducting activities to raise awareness on non-discrimination and equality.

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Now, we, members of the LGBT community, are humbly asking the members of the City Council to pass an ordinance creating the Anti-Discrimination Commission as soon as possible so that LGBT people, as well as members of other vulnerable sectors, will finally feel safe and secure in our city by being protected from discrimination.

Let us make our Cebu City free from discrimination!

FEATURES

Trans kagawad at the COVID-19 frontline

As a frontliner during the COVID-19 pandemic, trans barangay kagawad Kristine T. Ibardolaza of Antipolo City said that her work may be risky, but it’s gratifying because she is one of those who help the needy. Right now, she said, everyone’s fighting, but “this is the time when we should be united as one. We should have one goal. And that is to stop this pandemic.”

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“It’s very risky to be at the frontline because (in the case of COVID-19) we can’t see the enemy,” said Kristine T. Ibardolaza, a barangay kagawad of Barangay Mayamot in Antipolo City, one of the frontliners facing COVID-19 pandemic. “But as days (pass), I am able to say that it’s gratifying because you know you are one of those who help the needy.”

Kristine admitted that “you’re also only human so it gets hard. It’s physically draining, and a mental torture.” However, “we still trust that everything (happens for a reason).”

A barangay kagawad (in English, barangay councilor) is an elected government official, a member of the Sangguniang Barangay/Barangay Council of a particular barangay, the smallest administrative division in the Philippines. As local leaders, they are directly in touch with people at the grassroots/communities.

With the Enhanced Community Quarantine (ECQ) due to Covid-19, barangay officials were tasked by Pres. Rodrigo Duterte to helm the response to the COVOD-19 pandemic. And so “with our barangay captain… we pack food for our constituents, while monitoring how they are doing. We also give them hope that this, too, shall pass,” Kristine said.

Kristine admitted that “you’re also only human so it gets hard. It’s physically draining, and a mental torture.” However, “we still trust that everything (happens for a reason).”

The barangay – Mayamot – that Kristine serves is big. “It’s like a municipality,” she said, with “more or less 80,000 registered voters.” The number doesn’t include the other family members of these voters – e.g children.

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“As much as possible, we want to reach everyone/all families,” Kristine said. But “sorry to say we still haven’t done this… for instance in the food packs made. But at the moment, I think we’ve reached 70% of the families; going to 80%.”

Service delivery is also proving to be challenging.

“I’m not sure if some people think this is a joke; they act like there’s a fiesta. Lack of discipline is the number one challenge. If people follow social distancing, or stay home to save lives, then our job will be easier,” Kristine said.

Already, Kristine – with the other local officials – have been working round-the-clock.

After packing the goods during the day, for instance, and “with help from the sitio chairman, we decided to distribute goods at night, when more people are asleep and are indoors.” This is because when visits are done during the day, people tend to congregate; and this is to be avoided in the time of COVID-19.

“We thought a pandemic like this only happens in movies. It never occurred to me that at a time when I’m the elected barangay kagawad, I’d face a problem like this,” Kristine said.

Kristine said it’s also challenging being a public official because sometimes, “nakalimutan ko pala na may pamilya rin ako. At hindi kami exempted sa pandemic na ito (I forget I also have family. And we’re not exempted from the pandemic).”

To other LGBTQIA elected officials, Kristine said: “Let’s be brave. This isn’t a fight only of LGBTQIA people, but of the whole Philippines and the whole world.”

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She added that people should “never underestimate the power of prayers. If everyone prays, this will (soon) end.”

“Lack of discipline is the number one challenge. If people follow social distancing, or stay home to save lives, then our job will be easier,” Kristine said.

But Kristine said that bickering has to stop.

“Right now, everyone’s fighting; even within the LGBTQIA community. This is the time when we should be united as one. We should have one goal. And that is to stop this pandemic,” she said. “This is the time when we should be loving ourselves the most. This is the time when we should express our love to our loved ones. A simple smile for our frontliners. This could lift their spirits.”

And in the end, “everyone – no one is exempted – is experiencing difficulties. Hopefully, everyone is also eyeing a better future after this pandemic.”

As days pass, “I am able to say that (my work is) gratifying because you know you are one of those who help the needy.”

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Gay under COVID-19 monitoring

Stephen Christian Quilacio from Cagayan de Oro City is a gay person under COVID-19 monitoring. This means that sans testing, he had to isolate for 21 days. He is still anxious, but he says: “You just have to cooperate and follow protocols.”

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Last Monday, after a 15-day quarantine from his travel from Cebu City, Stephen Christian Quilacio from Cagayan de Oro City “noticed I have most of the COVID-19 symptoms,” he said. He has on-off fever from the night of Monday until the next day, shortness of breath but no cough, and muscle pain. And so on Tuesday, “I decided to go to the hospital.”

During the triage/screening process, he recalled being asked questions; and eventually, “most of the symptoms for COVID-19 were found on me.”

And so, sans COVID-19 testing because of continuing issues for the same (e.g. procurement issues of the Department of Health/DOH, and – basically – not prioritizing mass testing right now even if VIP testing has been repeatedly reported), the doctor informed Stephen “that I am considered PUM: person under monitoring. I have to (isolate myself) for 21 days.”

Looking back, even if this happened only a few days ago, “when I had fever, I got scared,” Stephen said.

While under quarantine, Stephen spends his days… admittedly lazily. Her reads, connects with friends on social media, sleep and eat (“My parents and my cousins just deliver food”).

If he needs to go out at all (e.g. shower), the family members go inside their separate rooms.

“We also make sure that we sanitize everything,” Stephen said.

Looking back, even if this happened only a few days ago, “when I had fever, I got scared,” Stephen said. “I panicked because I have a history of asthma and tuberculosis, and I’m also immunocompromised. I really have to be very careful (in heeding) what the doctor is telling me.”

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COVID-19 still has no cure. Stephen is taking, among others, antibiotics (for seven days).

“After the medication, I will be staying in isolation until the end of the quarantine period,” he said.

Even now, “no one told me yet what I need to do after the quarantine,” Stephen said. But he hopes that the enhanced community quarantine, as a whole, will soon end; and when it does, that “everything will be okay.”

While under quarantine, Stephen spends his days… admittedly lazily. Her reads, connects with friends on social media, sleep and eat (“My parents and my cousins just deliver food”).

Now, “my advise to people is: If you think you have the symptoms for COVID-19, you really have to get yourself checked,” Stephen said.

The contact details of the appropriate health facilities vary per locality, obviously; but these should be “on social media or you can ask your family members,” Stephen said.

And when visiting health professionals, “you have to be very honest, especially if you have travel history. That’s very important because you don’t know if you’ve been exposed while at the airport or while traveling.”

As an additional tip, Stephen said people should “be vigilant with what’s happening in your barangay.” In his case, “our barangay is in the top three places with COVID-19 cases here. This is also why I got scared.”

And due to the much-criticized response of the DOH, Stephen said people are really not left with a lot of choice but “to cooperate; and just follow protocols.”

Now, “my advise to people is: If you think you have the symptoms for COVID-19, you really have to get yourself checked,” Stephen said.

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LGBTQIA people may designate partners as beneficiaries in insurance plans – Insurance Commission

The partners of LGBTQIA people may be designated as the beneficiaries of insurance plans, according to the Insurance Commission.

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The partners of LGBTQIA people may be designated as the beneficiaries of insurance plans, according to the Insurance Commission (IC).

As first reported by PhilStar.com, IC stated that it “affirms (the) position that the insured who secures a life insurance policy on his or her own life may designate any individual as beneficiary.”

IC’s clarification/position came after Prof. E. (Leo) Battad, program director of the UP College of Law Gender Law and Policy Program, sought guidelines from the IC on the right of the insured to designate a beneficiary, particularly the rights of members of the LGBTQIA community to designate their domestic partners as beneficiaries of their life insurance.

In the legal opinion issued to the University of the Philippines College of Law, Gender Law and Policy Program, IC commissioner Dennis Funa said that “an individual who has secured a life insurance policy on his or her own life may designate any person as beneficiary provided that such designation does not fall under the enumerations provided by Article 739 of the Civil Code, without prejudice to the application of Section 12 of the Amended Insurance Code.”

Exceptions contained in Article 2012 in relation to Article 739 of the Civil Code apply.

In Article 739, the following donations shall be void:

  • Those made between persons who were guilty of adultery or concubinage at the time of donation;
  • Those made between persons found guilty of the same criminal offense
  • Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
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Funa was also quoted as saying that members of the LGBTQIA community “may present the legal opinion “if an insurance agent would have an adverse view.”

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Inter-Agency Committee on Diversity and Inclusion created via executive order

An executive order intends to create an inter-agency committee on diversity and inclusion, as well as establish the Diversity and Inclusion Program (DIP) that will consolidate efforts and implement laws “towards the identification and adoption of best practices in the promotion of diversity and inclusion.”

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Photo by daniel james from Unsplash.com

President Rodrigo Roa Duterte is flexing his supposed anti-discrimination cred with the signing of Executive Order (EO) 100, which focuses on minority sectors, including members of the LGBTQIA community, Indigenous Peoples, youth and persons with disability (PWDs).

The EO – titled “Institutionalizing the diversity and inclusion program, creating an inter-agency committee on diversity and inclusion (IACDI), and for other purposes – intends to create the aforementioned IACDI, as well as establish the Diversity and Inclusion Program (DIP) that will consolidate efforts and implement laws “towards the identification and adoption of best practices in the promotion of diversity and inclusion.”

The order was signed on December 17, prior to Duterte meeting with a politicized organization composed of LGBTQIA Filipinos that eye to win seat in Congress in the next elections via the country’s partylist system; but was only released to the media on December 19.

The to-be-established IACDI will be composed of: Department of Interior and Local Government (DILG), Department of Social Welfare and Development (DSWD), Department of Budget Management (DBM), Department of Labor and Employment (DOLE), Department of Justice (DOJ), Department of Education (DepEd), Department of Health (DOH), Philippine Commission on Women (PCW), Commission on Higher Education (CHED), Presidential Commission for the Urban Poor (PCUP), National Commission on Indigenous Peoples (NCIP), National Council on Disability Affairs (NCDA), and National Youth Commission (NYC).

Worth noting: No LGBTQIA representation is specifically mentioned/included in the committee.

The committee is expected to work with “relevant stakeholders, advocacy groups and NGOs” to develop a DIP; dictate the direction of the DIP; “encourage” local government units to issue ordinances promoting diversity and inclusion; and recommend possible legislation to address gaps in existing laws.

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Meanwhile, the to-be-established DIP is supposed to “consolidate efforts and implement existing laws, rules and issuances against the discrimination of persons on the basis of age, disability, national or ethnic origin, language, religious affiliation or belief, political affiliation or belief, health status, physical features, or sexual orientation and gender identity and expression, towards the identification and adoption of best practices in the promotion of diversity and inclusion.”

For trans activist Naomi Fontanos, who helms GANDA Filipinas, there are provisions in the EO that are problematic.

“(It) looks good on paper but has problematic provisions,” Fontanos said.

For example, “the composition of the IACDI excludes key government agencies like the Commission on Human Rights (CHR) and Civil Service Commission (CSC). Instead they have consultative status. This is surprising since based on RA No. 9710 or the Magna Carta of Women (MCW), the CHR is the Gender and Development (GAD) Ombud.”

Fontanos noted that with “funding for the implementation of EO No. 100, s. 2019 will either be from sources identified by the Department of Budget and Management (DBM) or through Gender and Development (GAD) funds, why then does the GAD Ombud only have consultative status?”

Also excluded from the IACDI is the National Commission on Muslim Filipinos, “which is unfortunate since the EO seeks to prohibit discrimination based on religious affiliation or belief,” Fontanos said.

Fontanos similarly questioned the chairmanship of the IACDI by the DILG.

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“The DILG’s main function is to ensure peace and order, public safety, and building the capacity of local governments for basic services delivery. Implementing a nationwide DIP better fits the mandate of the DSWD, which is to empower disadvantaged sectors in our country. The DSWD is only the committee’s Vice Chair.”

For Fontanos, “also most telling is that the committee is tasked to consult relevant stakeholders and NGOs to develop the DIP. Given that EO No. 100, s. 2019 was signed during the oath-taking of officers of LGBT Pilipinas Party-List at Malacañang Palace, will they be the default ‘stakeholder’ to be consulted on LGBT issues? If they are running for a congressional seat in 2022, won’t that give them undue advantage given that they will be working with LGUs through the chairmanship of the DILG?”

Following the release of the EO, future steps to be taken have yet to be announced.

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Province of Capiz holds first Pride parade

The city of Roxas in the Province of Capiz held its first LGBTQIA Pride parade, a “historic event that was organized for and by the LGBTQIA people of Capiz.”

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All photos courtesy of Charmel Delfin Ignacio Catalan

Pride in Capiz.

The city of Roxas in the Province of Capiz held its first LGBTQIA Pride parade, a “historic event that was organized for and by the LGBTQIA people of Capiz,” said Charmel Delfin Ignacio Catalan, who helmed the organizing of the event via Queens of all Queens and LGBT Community Capiz.

The local LGBTQIA community is not exactly completely “invisible”, admitted Catalan, having participated in the city’s/province’s past gatherings – e.g. last August 12, 2019, when a contingent joined the parade for the International Youth Day. But this Pride is “important – particularly as it is being held as the world observes World AIDS Day – because it highlights what’s solely relevant to our community.”

As is common with non-commercialized Pride events, “the main problem (we encountered) was financial,” Catalan said. This is because “we only relied on donations of generous individuals (to be able to hold this event).” But since “it had the backing of the community… we were able to push through.”

With Catalan in organizing the Pride parade were Atty. Felizardo Demayuga Jr. and Sandro Borce.

For Catalan: “I believe we still need Pride in this day and age to celebrate the unique individuality of the members of the LGBTQIA Community, and – of course – to continue the advocacy of equal rights and mutual respect and the causes that we are fighting for.”

READ:  Pride March 2012 slated on Dec. 8

Roxas City, in particular, still records LGBTQIA-related hate crimes. In a 2015 interview with Outrage Magazine, Catalan recalled the bashing of a trans woman na napag-tripan (because some people just felt like it); sex work-related ill-treatment; and even killings.

This is why Catalan said she hopes for (particularly local) LGBTQIA people to attend the gathering as a show of strength that “we’re in this together.”

Catalan, nonetheless, recognizes that many non-LGBTQIA people still detest/discriminate LGBTQIA people. And so to them she said: “To all our bashers/haters, please take note that we have no ill feelings towards you; we love you and you are always in our prayers. Please take note that sticks and stones may break our bones but you won’t see us fall.”

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‘We need inclusive responses to HIV’ – Bahaghari Center

For Ms Disney Aguila, board member of Bahaghari Center, “it needs to be emphasized that HIV can only truly be dealt with if everyone is on board.”

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In early 2019, Jay (not his real name), a Deaf gay man who lives outside Metro Manila, was encouraged by his friends who knew community-based HIV screening (CBS) to get himself tested. It was, he recalled, “the first time someone offered me this service; so I caved in.”

Jay was reactive; and “my world crumbled,” he said.

Though his friends tried to comfort him, telling him that knowing his status is good, “since at least now I can take steps to get treatment and live a normal, healthy life,” Jay wasn’t assuaged. His friends had to eventually go back to Metro Manila, and he worried that he would be left on his own to “find ways to access treatment.” And the same issue that did not make testing accessible for him – i.e. him being Deaf – is now the same issue he believed would hinder him from getting treatment, care and support (TCS).

Jay’s case, said Ms Disney Aguila, board member of the Bahaghari Center for SOGIE Research, Education and Advocacy Inc. (Bahaghari Center), highlights how “numerous sectors continue to be ignored in HIV-related responses.”

Aguila, the concurrent head of the Pinoy Deaf Rainbow, the pioneering organization for Deaf LGBTQIA Filipinos, added that “it needs to be emphasized – particularly today as #WAD2019 – that HIV can only truly be dealt with if everyone is on board.”

WORSENING HIV SITUATION

As reported by the HIV/AIDS & ART Registry of the Philippines (HARP) of the Department of Health (DOH), the Philippines has 35 new HIV cases every day. The figure has been consistently growing – from only one case every day in 2008, seven cases per day in 2011, 16 cases per day in 2014, and 32 cases per day in 2018.

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In July, when HARP released its (delayed) latest figures, there were 1,111 newly confirmed HIV-positive individuals; this was 29% higher compared with the diagnosed cases (859) in the same period last year.

Perhaps what is worth noting, said Aguila, is the “absence in current responses of minority sectors” – e.g. when even data does not segregate people from minority sectors, thus the forced invisibility that used to also affect transgender people who were once lumped under the MSM (men who have sex with men) umbrella term.

For Aguila, this is “detrimental to the overall response re HIV because specific needs are not answered.”

DEAF IN FOCUS

In 2012, Bahaghari Center conducted “Talk to the Hand”, the first-of-its-kind study that looked at the knowledge, attitudes and related practices (KAP) of Deaf LGBT Filipinos on HIV and AIDS. The study had numerous disturbing findings.

To start, majority of the respondents (33 or 54.1%) were within the 19-24 age range at the time of the study, followed by those who are over 25 (21 or 34.3%). Most of them (53 of 61 Deaf respondents) had sex before they reached 18. Many (36.1%) of them also had numerous sexual partners, with some respondents having as many as 20 sex partners in a month.
Only 21 (34.4%) use condoms, and – worryingly – even among those who used condoms, 12 (19.7%) had condom breakage during sex because of improper use.

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Perhaps the unsafe sexual practice should not be surprising, considering that not even half (29, 47.5%) of the respondents heard of HIV and AIDS, with even less that number (23, 37.7%) knowing someone who died of HIV or AIDS-related complications. And with not even half of the total respondents (29) familiar with HIV and AIDS, not surprisingly, only 19 (31.1%) considered HIV and AIDS as serious, with more of them considering HIV and AIDS as not serious (20, 32.8%) or maybe serious (22, 36.1%).

The study also noted that the level of general knowledge about HIV and AIDS is low, with 40 (65.6%) of them falling in this category. Only about 1/5 of them (12, 19.7%) had high level of knowledge about HIV and AIDS. Even fewer (9, 14.8%) may be classified as having moderate knowledge level.

For the Deaf community, at least, accessing testing and – if one tested HIV positive – the TCS is challenging because “we’d need Filipino Sign Language (FSL) interpreters who can help make sure we’re getting the right information/treatment/et cetera, Aguila said. And in the Philippines, the numbers of service providers who know FSL remain very limited.

Already there are Deaf Filipinos trained to conduct CBS particularly for other Deaf Filipinos – here in “Stop HIV Together“, a photo campaign stressing the need for inclusion.

INCLUDING OTHER MINORITIES

Aguila stressed that forced invisibility, obviously, does not only affect the minority Deaf community as far as HIV-related responses are concerned – e.g. “other persons with disability continue not to have HIV-related interventions,” she said.

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For Aguila: “To truly stop HIV and AIDS, we need to be inclusive.”

Back in the city south of Metro Manila, Jay was forwarded to a counselor who knows FSL so that he can be supported in accessing TCS. Even that was “problematic,” said Jay, because “I was ‘forced’ to come out to someone I didn’t necessarily want to disclose my status only because I had no choice.”

For him, this highlights “how we just have to make do with what’s there; and there really isn’t much that’s there to begin with.”

He feels “lighter” now, however, having started his antiretroviral treatment (ART). But he knows he’s one of the “lucky people with contacts”; and that “not every one has access to the same support I had… and that’s something we need to deal with.”

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