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PhilHealth clarifies OHAT coverage

Different treatment hubs give PLHIVs different services, even if they pay the same amount to PhilHealth. But while the earlier PhilHealth circular that mentioned the services to be provided to PLHIVs in the Philippines did not specify all the services that PLHIVs may need, PhilHealth’s Dr. Mary Antoinette Remonte said that for “any laboratory tests related to ART treatment, they can use the OHAT Package for it.”

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As the Red Ribbon Project eyes to help the country get to zero (i.e. zero new HIV infection, zero AIDS-related death, and zero HIV-related discrimination), its beauty queens - Binibining ARV-Universe, Bb. ARV-World and Bb. ARV-International; joined by Miss ARG 2012 - gives the "beauty with a purpose" tagline flesh, this time by reaching out to Filipino PLHIVs in RITM. "That there's still something to live for," is the goal of the outreach, said Pozzie Pinoy, who helms Red Ribbon Project - seconded by Bb. ARV-Universe, who said in the vernacular that "if we can - even for a while - shed some hope, that's good and well."

As the Red Ribbon Project eyes to help the country get to zero (i.e. zero new HIV infection, zero AIDS-related death, and zero HIV-related discrimination), its beauty queens – Binibining ARV-Universe, Bb. ARV-World and Bb. ARV-International; joined by Miss ARG 2012 – gives the “beauty with a purpose” tagline flesh, this time by reaching out to Filipino PLHIVs in RITM.
“That there’s still something to live for,” is the goal of the outreach, said Pozzie Pinoy, who helms Red Ribbon Project – seconded by Bb. ARV-Universe, who said in the vernacular that “if we can – even for a while – shed some hope, that’s good and well.”

This is a continuing story on the disparities in the services received by PLHIVs in different hubs in the Philippines, even if they are required to pay the same amount by PhilHealth.

In the Philippines, the treatment, care and support received by most people living with HIV (PLHIVs) are covered by the Philippine Health Insurance Corporation’s (PhilHealth) Outpatient HIV/AIDS Treatment (OHAT) Package. Specifically, to those who are enrolled in PhilHealth, P30,000 is allocated per PLHIV per year, or P7,500 every quarter.

But – as stated in a previous report by Outrage Magazine – PLHIVs from different treatment hubs in the country experience different and at times confusing disparities in the services that they receive, even if they pay the same PhilHealth premium/amount of approximately P2,400 per year.

READING THROUGH

After the release of PhilHealth’s OHAT Package circular in 2010, DOH published Administrative Order No. 2010-0036 – The Aquino Health Agenda: Achieving Universal Health Care for All Filipinos – in December 2010, signed by then Health Secretary Enrique Ona.

It stated that “the Aquino Health Agenda (AHA) is a focused approach to health reform implementation in the context of HSRA (Health Sector Reform Agenda) and F1 (FOURmula One), that all Filipinos especially the poor receive the benefits of health reform.”

ARV is part of the "free" TCS services received by PLHIVs in the Philippines

ARV is part of the “free” TCS services received by PLHIVs in the Philippines

Under that guideline is the attainment of health-related Millennium Development Goals (MDG), which include the reduction of HIV/AIDS prevalence.

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The administrative order also mentioned that the “DOH shall develop guidelines and protocols to organize the community health team and service delivery network, implement a functional referral system, deliver health service packages, contract with private providers, implement clinical practice guidelines, generate, retain, and use hospital revenues, and establish hospital pricing system to maximize benefits from PhilHealth.”

In the 2010 OHAT Package circular, it stated that the “package shall be based on Department of Health (DOH) guidelines on anti-retroviral therapy among adults and adolescents with human immunodeficiency virus infection. All treatment hubs in accredited facilities are required to follow the guidelines set by the DOH.”

Meanwhile, the Guidelines on Antiretroviral Therapy (ART) among Adults and Adolescents with Human Immunodeficiency Virus (HIV) Infection – DOH Administrative Order No. 2009-0006 – released in January 2009 stated that as part of monitoring the response to ART treatment, “for patients with good compliance to ART, clinical response is recommended to be used together with CD4 count and viral load determination (whenever feasible) to detect treatment failure.”

And that “treatment hubs through its HIV AIDS Core Team (HACT) shall provide treatment and clinical monitoring of patients under ART.”

ACTUAL COVERAGE

In an interview with Outrage Magazine, PhilHealth’s Medical Specialist III and Millennium Development Goals Benefit Products Team Head Dr. Mary Antoinette Remonte said that “it has come to our attention that some treatment hubs charge for some laboratory tests, even after the release of the OHAT Package circular.”

The 2010 circular only specifically stated that “covered items under this benefit are drugs and medicines, laboratory examinations including Cluster Difference 4 (CD4) level determination test and test for monitoring of anti-retroviral drugs (ARV) toxicity and professional fees of providers.” As such, Remonte said that “some treatment hubs take what was written in the circular literally.”

Remonte, however, said that if a PLHIV needs “viral load, if it’s really needed, they can still charge it on the OHAT package. Any laboratory tests related to ART treatment, they can use the OHAT Package for it.” For Remonte, “even if viral load testing was not written in the first circular, it was already included in the coverage.”

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The revised OHAT Package released last June already clearly states that “covered items under this benefit are drugs and medications, laboratory examinations based on the specific treatment guideline including Cluster of Differentiation 4 (CD4) level determination test, viral load (if warranted), and test for monitoring anti-retroviral (ARV) drugs toxicity and professional fees of providers.”

PhilHealth also monitors the disparities among the services offered by treatment hubs, particularly on whether they are putting into effect what were stated in the circulars that were released.

“We are currently reviewing the OHAT Package, the implementation of it in treatment hubs, and the current rates; and if they have questions, we can discuss it with them,” Remonte said.

PLHIVs, meanwhile, are encouraged to contact PhilHealth if they have concerns regarding their PhilHealth membership and coverage.

PROPER MANAGEMENT

According to Dr. Rosanna Ditangco, research chief atThe Research Institute for Tropical-AIDS Research Group (RITM-ARG), a treatment hub located in Alabang, management issues also come to play in the delivery of TCS services to PLHIVs.

For instance, while “the OHAT Package does not cover baseline tests yet”, at RITM-ARG, PLHIVs are able to receive free baseline laboratory tests, such as CBC, chest x-ray, PPD and blood chemistry (i.e. lipid profile, BUN, Creatinine, FBS), and CD4 count.

“Due to good financial management, we can provide these free baseline services to new patients; and once they start treatment, they would be eligible for the OHAT Package and RITM would be able to regain the initial investment,” said Ditangco.

Older PLHIVs, meanwhile, can already use their PhilHealth membership when availing different services and laboratory tests that are needed and related to their antiretroviral therapy (ART) treatment.

There are minimun number of tests that DOH mandates for treatment hubs to give to PLHIVs, so that hubs now offer different services aside from those mandated - and even if the amount they pay to PhilHealth remain the same

There are minimum number of tests that DOH mandates for treatment hubs to give to PLHIVs, so that hubs now offer different services aside from those mandated – and even if the amount they pay to PhilHealth remain the same

“Every six months, we provide free CD4 and CBC tests. And yearly, during their anniversary, we provide free CD4, CBC, blood chemistry – depending on what ARV they are taking, and viral load tests. If the doctor suspects treatment failure, a free viral load test will be done anytime, plus HIV drug resistance testing,” Ditangco said.

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Ditangco added that “all of these are covered by OHAT. And this has been our system ever since PhilHealth released their first circular.”

RITM-ARG also receives “additional support” from the DOH, which the facility also uses when providing TCS services to PLHIVs.

“Our funding is mostly from our OHAT reimbursement, but every now and then, we receive funding from DOH and we use this to provide free viral load, CD4 or HIV drug resistance testing for other treatment hubs,” Ditangco said.

WAY FORWARD

Interviewed by Outrage Magazine in Davao City during the 1st HIV Summit in southern Philippines, DOH Usec. Vicente Y. Belizario Jr. said that the DOH mandates the “minimum package (to be provided by hubs to PLHIV).” However, “(health care) is decentralized to local government units, (and) there are LGUs that are more innovative.”

“The challenge is to ensure harmonization,” Belizario said, adding that this is what the DOH “will continue to push.”

For Dr. Jose Narciso Sescon of the AIDS Society of the Philippines, “one bright move towards ensuring standardization is that these are being discussed and taken on. This is a healthy step towards a more robust HIV package of services offered to clienteles… if and only if we are all open (government and private service providers) to take on to discuss and accept the real challenges faced by our program.”

“I believe all major government treatment hubs must agree on a standardized treatment package offered to their patients that can be availed under the PhilHealth OHAT Package. Having a national standard on HIV treatment services offered to Filipino PLHIVs will help avoid confusion and unnecessary inconvenience for patients,” said Kevin Kane Li of The AIDS Treatment Action Group (TATAG) Philippines.

Meanwhile, for Pozzie Pinoy of The Project Red Ribbon, “if your hubs are charging you for your laboratory tests in succeeding tests, you should start asking.”

Pozzie Pinoy likens the PhilHealth to having an insurance package, wherein “if you have an HMO, you have packages, and you must know what’s being spent on you.”  In the case of PhilHealth, “ask your hub what in your P30,000 is being spent. You paid for it, so it should be used for you. Learn to ask. Don’t turn a blind eye just to save face. This can be solved by asking.” – WITH INTERVIEWS BY MDCTAN

PhilHealth may be reached at (+63 2) 441 7444 or (+63 2) 441 7442, or email actioncenter@philhealth.gov.ph.

Outrage Magazine is one with the PLHIV community in demanding for a uniform implementation of TCS services, particularly as mandated by PhilHealth. 

Living life a day at a time – and writing about it, is what Patrick King believes in. A media man, he does not only write (for print) and produce (for a credible show of a local giant network), but – on occasion – goes behind the camera for pride-worthy shots (hey, he helped make Bahaghari Center’s "I dare to care about equality" campaign happen!). He is the senior associate editor of OutrageMag, with his column, "Suspension of Disbelief", covering anything and everything. Whoever said business and pleasure couldn’t mix (that is, partying and working) has yet to meet Patrick King, that’s for sure! Patrick.King.Pascual@outragemag.com

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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 Ignacio, 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.”

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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.”

Ignacio, 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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‘Ang laban ng LGBT ay laban ng mamamayan’

As Baguio City holds its 13th #Pride March, there is emphasis on the de-commercialization of Pride to ficus on issues affecting all minority sectors including the #LGBT community. As stressed by Nico Ponce of Bahaghari-UP Baguio, hopefully other sectors join the fight for human rights for all because “ang laban ng LGBT ay laban ng buong mamamayan.”

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All photos by Michael David dela Cruz Tan

The struggle of the LGBTQIA community is the struggle of the people/nation.

So said Nico Ponce, chairperson of the UP-Baguio University Student Council and of Bahaghari-UP Baguio, which helmed Amianan Pride Council (APC), the organizer of the 13th Pride March in Baguio City.

This is why, Ponce added, at least particularly for Pride in Baguio City, there was an intent to veer away from commercializing Pride, to instead focus on the issues of all LGBTQIA people no matter the sector they belong to. There was also an emphasis on intersectionality – i.e. that other minority sectors have a stake in the fight for equal treatment of LGBTQIA people, also a minority sector.

“We are against the commercialization of Pride,” Ponce said, “since naniniwala tayo na ang historic roots of Pride ay… sang protest (we believe in the historic roots of Pride as a protest).” And so, to maintain the militant nature of Pride, we “make calls that… are comprehensive; and that affect not just LGBTQIA people but all Filipinos.”

The position, of course, is relevant considering the seeming (if not eventual) move towards commercialization of Pride events – e.g. cash-dependent Metro Manila’s Pride parade was able to gather over 50,000 participants in this year’s party/gathering; though the same number won’t surface to push for the anti-discrimination bill (ADB) that has been pending in Congress for 19 years now.

“There is still no equity,” said transgender activist Ms Santy Layno, which makes hosting Pride still relevant.

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“We still march,” added Rev. Pastor Myke Sotero of MCC-MB, “because even if people say that LGBTQIA people are already tolerated in the Philippines, we continue to suffer discrimination… with our transgender siblings still killed/murdered. We still need to march for Pride… as a form of protest.”

‘We (still) need Pride because of the apparent need of the LGBTQIA community (for acceptance) in all sectors of society,” Ponce added.

Baguio City already has an anti-discrimination ordinance, passed in April 2017, that wants to ensure that “every person… be given equal access to opportunities in all fields of human endeavor and to equitable sharing of social and economic benefits for them to freely exercise the rights to which they are rightfully entitled, free from any prejudice and discrimination.”

But the city also has anti-LGBTQIA history. For instance, in 2011, eight pairs of LGBTQIA people had commitment ceremony there, under MCC-MB. Oppositions were raised by the Catholic Church and a group of pastors from Baguio and Benguet. Bishop Carlito Cenzon of the Baguio-Benguet Vicariate of the Roman Catholic Church, for one, stated that “these unions are an anomaly.”

In the end, said Sotero, Pride is a way to inform society “that we’re here, we’re not going anywhere, so society should accept LGBTQIA people.”

“To people who ridicule/mock us, we’re open to discussions,” said Ponce. “Hindi sila kaaway… kaya sana makiisa kayo dahil ang laban ng LGBTQIA ay laban ng buong mamamayan (We are not enemies… so we hope you join the struggle because the fight for equality of LGBTQIA people is similar to the fight for social justice of the entire nation).” – WITH ALBERT TAN MAGALLANES, JR.

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Baguio marks 13th LGBTQIA Pride

The “City of Pines” marked its 13th LGBTQIA Pride March, themed “Diverse but equal” to stress that “despite diversity, everyone remains inherently equally human.” According to Rev. Pastor Myke Sotero of MCC-MB, Pride is a way to inform society “that we’re here, we’re not going anywhere, so society should accept LGBTQIA people.”

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ALL PHOTOS BY MICHAEL DAVID dela Cruz TAN

Equally diverse; equally human.

The “City of Pines” marked its 13th LGBTQIA Pride March, themed “Diverse but equal” to stress that “despite diversity, everyone remains inherently equally human.”

According to Rev. Pastor Myke Sotero, who helms Metropolitan Community Church-Metro Baguio (MCC-MB), which is part of the Amianan Pride Council (APC), the organizer of the annual event, even now that LGBTQIA issues (continue to) gain traction in mainstream awareness, holding a Pride event remains relevant because “kahit na sinasabi nating tolerated na ang mga LGBTQIA dito sa Pilipinas (even if it is said that LGBTQIA people are already tolerated in the Philippines), we continue to suffer discrimination.”

Sotero noted that, in fact, “patuloy pa din ang pagpatay sa mga kapatid natin na transgender (our transgender siblings are still being murdered/killed).”

Only in September, for instance, the lifeless body of Jessa Remiendo was found on the shore of Patar in Bolinao, Pangasinan – only approximately 94 kilometers away from Baguio City (just over two hours of road trip).

A few weeks before the gruesome murder, LGBTQIA people have been highlighting the need to pass an anti-discrimination law in the Philippines, particularly since the bill that eyes to protect the human rights of sexual minorities have been pending in Congress for 19 years now.

Kailangan pa ring ipagpatuloy ang pagmamartsa sa Pride bilang sang protesta (Marching for Pride is still needed as a form of protest),” Sotero said.

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Sotero added that Pride is also a way to inform society “na andito kami, hindi kami aalis, at dapat i-accept ang mga LGBTQIA people (we’re here, we’re not going anywhere, so society should accept LGBTQIA people).”

Baguio City actually already has an anti-discrimination ordinance, passed in April 2017, and notes that “discrimination is a crucial and serious issue” and it wants to ensure that “every person… be given equal access to opportunities in all fields of human endeavor and to equitable sharing of social and economic benefits for them to freely exercise the rights to which they are rightfully entitled, free from any prejudice and discrimination.”

But the city also has anti-LGBTQIA history – e.g. in 2011, when eight pairs of LGBTQIA people had commitment ceremony there, under MCC-MB, there were oppositions from the Catholic Church and a group of pastors from Baguio and Benguet.

In reaction, Bishop Carlito Cenzon of the Baguio-Benguet Vicariate of the Roman Catholic Church stated at that time that “these unions are an anomaly.” Meanwhile, the Guiding Light Christian Church maintained that “marriage should be between a man and woman only”.

And so for Det Neri, chairperson of Bahaghari-Metro Manila, a multisectoral militant and nationalist LGBTQIA organization based in Metro Manila (and whose arm in UP Baguio healed this year’s gathering), even now, LGBTQIA people are still mocked and “ginagawang katatawanan (made fun of).” And so celebrating Pride is “mahalaga para hindi tayo nawawala sa kasaysayan, hindi tayo mawawala doon sa hinaharap (we aren’t erased in our history, and we aren’t neglected as we head into the future).”

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Neri added that Pride’s essence remains militant, and should remain as such. – WITH ALBERT TAN MAGALLANES, JR.

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Dumaguete City passes SOGIE equality ordinance

In a victory for members of the LGBTQIA community in the City of Dumaguete, an ordinance was passed in the City Council to ensure non-discrimination based on sexual orientation, gender identity and expression (SOGIE).

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For Pride.

In a victory for members of the LGBTQIA community in the City of Dumaguete, an ordinance was passed in the City Council to ensure non-discrimination based on sexual orientation, gender identity and expression (SOGIE).

Dumaguete is a 3rd class city in the province of Negros Oriental. According to the 2015 census, it has a population of 131,377 people.

It is the capital and most populous city of the province of Negros Oriental, it has a population of 131,377 people, according to the 2015 census.

Authored by Councilor Rosel Margarette Q. Erames with co-authors Councilors Lei Marie Danielle Tolentino, Bernice Ann Elmaco, Edgar Lentorio Jr., Lilani Ramon and Nelson Patrimonio, the anti-discrimination ordinance (ADO) penalizes actual or perceived SOGIE-based discrimination in the workplace, school and other similar acts that undermines and harms the rights of the LGBTQIA people.

City passes own SOGIE protection In a significant victory for members of the Lesbian Gay Bisexual Transgender and…

Posted by HEADZ UP NegOr on Sunday, October 27, 2019

Under the ordinance among the prohibited acts include:

  • Actual or perceived SOGIE-related discrimination from employment, training, promotion, remuneration;
  • Delaying, refusing or failing to accept a person’s application for admission as a student;
  • Expelling or any penalty on the basis of SOGIE;
  • Harassment and intimidation committed by teachers, administrators and fellow students;
  • Refusing to provide goods or service, or imposing onerous terms and conditions as a prerequisite for such;
  • Denying access to health services and facilities;
  • Refusing or failing to allow LGBTQIA to avail of services or accommodations;
  • Denying application for licenses, clearances, certifications or other documents;
  • Vilifying, mocking, slandering or ridiculing LGBTQIA people through words, action and in writing; and
  • Executing any activity in public which incites hatred towards or serious contempt for or severe ridicule of LGBTQ and other analogous acts.
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The bill didn’t have smooth sailing before it passed. For instance, the Diocesan Commission on the Laity (whose members consist of 42 Parish Pastoral Councils from the different parishes of the Diocese of Dumaguete, covering the provinces of Negros Oriental and Siquijor, with the exception of the municipalities of La Libertad and Vallehermoso, and the cities of Guihulngan and Canlaon), as well as the Diocesan Organization of Renewal Movements & Communities (composed of 14 organizations) expressed their opposition of the ADO.

When the passage of the ADO also made the news, a handful of locals expressed their disapproval, stating – among others – that LGBTQIA people do not face discrimination in Dumaguete (thereby contradicting their own statement), prioritizing other issues of the city, and that protecting the human rights of LGBTQIA people is against the will of God.

But now with the ADO, first time violators will be made to attend a gender sensitivity training. Second time offenders may be jailed for not less than 60 days but not more than one year, or be fined with not less than P2,000 but not more than P 5, 000 (or both at the discretion of the court).

With the ADO, SOGIE-related concerns will be incorporated in the functions of existing Barangay Violence Against Women and Children (VAW) Desk, which will document and report cases of discrimination against LGBTQIA persons.

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Ilagan City in province of Isabela enacts SOGIE-specific anti-discrimination ordinance

General Ordinance 198-2019 finds the “need to prohibit… discrimination against people on the basis of actual or perceived SOGIE on the areas of work, accommodation, education, provision of goods, facilities and services, memberships in organizations, and the administration of local laws and programs.”

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The rainbow rises up north.

Ilagan – officially the City of Ilagan – a first class city and capital of the province of Isabela, enacted its own anti-discrimination ordinance based on sexual orientation, gender identity and expression.

Authored by City Councilor Rolando Tugade, General Ordinance 198-2019 stated that the office of the Sangguniang Panglungsod “finds the need to prohibit, so far as is possible, discrimination against people on the basis of actual or perceived SOGIE on the areas of work, accommodation, education, provision of goods, facilities and services, memberships in organizations, and the administration of local laws and programs.”

According to Yonidick Pascua, president of City of Ilagan Gay Association, who pushed for the passage of the ADO, having the same is important “para mapangalagaan ang bawat LGBTQIA person,” he said. This is also needed, he added, to show respect to the rights and “dignidad ng bawat LGBTQIA person; para sa pagkapantay-pantay (na trato) bilang tao sa lipunan.

Passing the ADO was challenging, said Pascua.

Marami pa rin sa ating mga kababayan ang lubos na hindi naiintindihan kung ano ba talaga ang SOGIE,” he said, adding that this is – nonetheless – exactly why the ADO is needed. Fortunately, for him, City Mayor Josemarie L. Diaz and Vice Mayor Kit Bello backed the ADO.

With the ADO, “inaasahan natin na magiging mas ligtas ang bawat LGBTQIA person (dito sa Ilagan); inaasahan natin na mas lalong magkakaroon ng lakas ng loob at mamuhay ng mas panatag ang bawat LGBTQIA person, at inaasahan natin ang mas masaya at makulay na pamumuhay ng bawat LGBTQIA person dito,” he said.

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Aside from the aforementioned acts prohibited by the ADO, also deemed unlawful is “discrimination through verbal or non-verbal ridicule and vilification,” where it is declared “unlawful for any… person to vilify or ridicule any person on the based of perceived or actual SOGIE which may result in the loss of self-esteem or sense of safety and security, or the infliction of psychological harm through: contemptuous imitating or mockery; and uttering of abusive and slanderous statements.”

Persons who violate the ADO may be jailed for up to 60 days, and/or fined up to P5,000.

With the ADO, the city mandates its barangays to “develop a system to record and document reported cases of discrimination and violence against LGBTQIA persons, and provide assistance to victims.” But the ADO also establishes an LGBTQIA council.

Yakapin po ninyo ang LGBTQIA people, itaguyod ang SOGIE para sa proteksyon ng bawat LGBTQIA person at bigyan sila ng pagkakataon na mamuhay ng mapayapa at ligtas sa pamamagitan ng pagpasa ng ADO,” Pascua said. “Ang mga LGBTQIA people ay kasama sa lipunan kaya nararapat laman na yakapin, tanggapin at bigyan ng respeto.

PHOTO COURTESY OF MS DINDI TAN

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