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Mandaluyong City passes LGBT anti-discrimination ordinance

With the continuing absence of a national law that will protect the human rights of LGBTQI Filipinos, the city of Mandaluyng passed Ordinance 698, S-2018, which seeks to “uphold the rights of all Filipinos especially those discriminated against based on their sexual orientation, gender identity and expression (SOGIE).”

With the continuing absence of a national law that will protect the human rights of LGBTQI Filipinos (largely – at least for this year – because of a weak political support from the Philippine Senate via the non-leadership on this issue by Senate Pres. Vicente Sotto III and Majority Floor Leader Juan Miguel Zubiri), localized anti-discrimination efforts are again in focus. This time around, the city of Mandaluyng passed Ordinance 698, S-2018, which seeks to “uphold the rights of all Filipinos especially those discriminated against based on their sexual orientation, gender identity and expression (SOGIE).”

With this, it is now “the policy of the Mandaluyong City government to afford equal protection to LGBTQI people as guaranteed by our Constitution and to craft legal legislative measures in support of this aim.”

According to Dindi Tan, secretary general of LGBT Pilipinas, which helped push for the passage of this anti-discrimination ordinance (ADO), said that “the tactic now is to shift from a national lobby to local lobby, which is more pragmatic and feasible given the prevailing political environment in Congress.”

The Mandaluyong City ADO is specific to he LGBTQI community. Other ADOs in other localities lump the LGBTQI community with other minority sectors, including persons with disability (PWDs), seniors, cultural minorities, et cetera. But this city ordinance is specific to LGBTQI people, focusing on sexual orientation, gender identity and gender expression.

“We continue to relentlessly lobby for the passage of local ADOs and similar policies such as this one from the Tiger City of Mandaluyong pending the enactment of a national law made for (this) purpose,” Tan said. “We can’t afford to wait forever for the Anti-Discrimination Bill (ADB) to pass in the Senate and the bicam while our LGBTQI sisters and brothers on the ground continue to be the targets of gender-based violence and discrimination.”

Mandaluyong City’s ADO specifically prohibits such discriminatory acts as: denying or limiting employment-related access; denying access to public programs or services; refusing admission, expelling or dismissing a person from educational institutions due to their SOGIE; subjecting a person to verbal or written abuse; unjust detention/involuntary confinement; denying access to facilities; and illegalizing formation of groups that incite SOGIE-related discrimination.

For the city to attain its goals, activities lined-up include: incorporating LGBTQI activities in Women’t Month celebrations; hosting of seminars in private and public spaces; and month-long Pride celebration in November, culminating on World AIDS Day on December 1.

The ADO also “strongly” encourages the Mandaluyong City Police District “to handle the specific concerns relating to SOGIE through existing Violence Against Women and Children (VAWC) desk in all police stations in Mandaluying City.”

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A Mandaluyong City Pride Council will also be established to oversee the implementation of the ordinance.

Any person held liable under the ADO may be penalized with imprisonment for 60 days to one year and/or penalized with P1,000 to P5,000, depending on the discretion of the court.

Pushed by Sangguniang Panglungsod councilor China S. Celeste, Mandaluyong City Mayor Carmencita A. Abalos signed the ADO on May 17.

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