#HIVPOLICYBATASNA, but it does not end there.
Babala, asawa ni…: The views in this entry are those of the author and do not necessarily reflect the views and opinions of the publisher, or any affiliated organizations. Samakatuwid, ikinakaila ng lahat ang author! Chos!
On January 9, 2019, the President signed the “Philippine HIV and AIDS Policy act (HIV POLICY).” Like all other laws passed by Congress and signed by the President, the HIV policy must have an Implementing Rules and Regulations (IRR).
Under Sec. 54 of R.A. 11166, it states that PNAC (the council from R.A. 8504 by holdover capacity) SHALL promulgate the necessary IRR within 90 days from effectivity of the law.
Under this provision, the law makes a directive to create an IRR within 90 days but not mandatorily within that period. Note that the manner of the legislators crafting the provision lacked a mandatory term like “SHOULD” before the phrase “WITHIN 90 DAYS.”
Ano daw? Kung di naintindihan, pabayaan na. Next!
I personally don’t see the need to rush in creating an IRR that’s half-baked due to time constraints. This is a crucial and integral part of the HIV policy.
The IRR of our laws must consists of detailed necessary guidelines not found in the principal law. In essence, therefore, an IRR must indicate requirements, qualifications, periods, and clarificatory provisions of ambiguously worded provisions of the law. If certain guidelines are not reflected on the principal law nor IRR, it becomes vulnerable to a question of law, which may only be judicially resolved. This is what an IRR seeks to prevent.
Department Orders (DO), Manual of Procedures (MOP), and other documents of the same nature do not have the same force and effect as the principal law nor IRR. Prudence would dictate that between now and the time of release of the IRR of the HIV policy, stakeholders must cautiously plan what and what not to include in the IRR. Otherwise, we’ll encounter a number of deadlocks not curable by mere issuance of DO or MOP, as legislation is within the jurisdiction of the legislative and questions of law is within the jurisdiction of the judiciary.
So, beshies, kalma, huwag madaliin. As my former professor would often say: “Basahin. Intindihin. Ulitin.” Eh ‘yun inulit ko nga subject ko sa kaniya.
I) ON THE DEFINITION OF TERMS:
#HIVPOLICYBATASNA but what more can be done?
Oo, madami akong issues sa buhay, kasi may kakulangan sa pakahulugan.
Sec. 3(d) of R.A. 11166 defines Civil Society Organization (CSO). Unfortunately, the definition is not clearly in consonance to the Corporation Code that is the governing law for CSOs, as non-stock non-profit corporations. CSOs under the Corporation Code are not merely considered as organizations but a corporation.
Sec. 19 of Corporation Code provides that: a corporation (CSO) acquires legal capacity to act as such only upon the issuance of certificate of incorporation by the Securities and Exchange Commission (SEC). In the case of Cagayan Fishing Dev’t v. Sandiko (65 PHIL 233), the Court held that Cagayan Fishing Dev’t. Corporation was not a legal entity nor did it posses juridical capacity to act absent the issuance of certificate of incorporation by SEC.
Five minutes break. Tissue muna, beshie. . .Okay, ano daw? So eto na nga…
In the absence of a clear qualification of CSOs under R.A. 11166, the IRR must distinctly provide the criterion for CSOs applying for PNAC Membership under Sec. 6, par 13 – 21, of R.A. 11166 must comply in accordance with the Corporation Code; otherwise, non-compliant CSOs must be denied application for membership n PNAC absent juridical capacity to act.
Sa madaling sabi, mainam talaga na para magkaroon ng kahulugan, lagyan ng LABEL YAN! Bago mapakanta ng “best thing I never had.”
II) #HIVPOLICYBATASNA but PNAC should say ‘not even a whiff of corruption’:
ON REPRESENTATIVES OF CSO PNAC MEMBERS
“Hi! Do you remember me? I’m the senator who died, but I came back to life.” –Senator Miriam Defensor Santiago
Under Sec. 6 of R.A. 11166, CSO PNAC Members are entitled to have representatives in the Council, as sitting member. However, the law is silent as to the qualifications of the CSO representatives being a sitting member of PNAC, a government corporation created by special law.
I am strongly advocating that a minimum requirement for representatives of CSO PNAC as sitting members of a government corporation must come with qualifications that should be provided on the IRR. Absences of qualification will raise a valid question of law grounded on their legal capacity or competence to act for and on behalf of the CSO they duly represent. Unless, the legislation is intended to keep this open for more clientele in the legal profession. Panalo ang mga abogado!
A minimum requirement would set the tone that these representatives are not capable of being involved in any criminal offenses in relation to their office and that of PNAC, to wit:
- Malversation of Public Funds Art. 217 of the Revised Penal Code;
- Violation of R.A. 3019 or the Anti-Graft and Corrupt Practices Act;
- Violation of the provisions of HIV Law or any other law realted thereto.
If only the legislation of HIV policy was precisely worded, I would not question: “who are qualified representatives of the CSO PNAC members?” The hope to determine this matter depends upon the stakeholders and legal consultants drafting the IRR.
Absence of a minimum requirement that clearly establishes LEGAL CAPACITY COMPETENCE free from whiff of corruption must be meted out on the IRR; otherwise, it’s a missed opportunity to clear an ambiguity on the HIV policy.
I was once asked: “what could be the measure of integrity or character” as a prerequisite to becoming a representative of CSOs PNAC member, the law provides for the measure but it must be appropriately appreciated; otherwise, failure to appropriately apply it on HIV policy, PNAC becomes a sitting duck.
If I were to put a measure of integrity on the IRR, it could be stipulated in this manner:
“A representative of CSO PNAC members must not have been convicted, in the past # years for the following crimes or offenses:
Malversation of Public Funds with an attached penalty of Civil Interdiction as defined under Art. 34 of the Revised Penal Code in relation to Art. 38 of the New Civil Code;
Violation of the Anti-Graft and Corrupt Practices Act;
Violation of the HIV Policy and related laws thereto.
And during their term of office as representative for CSO PNAC Member must not be charged of the crimes as above-mentioned, in addition thereto:
Estafa or Swindling under ART. 315 of the RPC; Bribery under Art. 210 of the RPC; Violation of BP 22; and Violation of Anti-Money Laundering Law.”
All of the abovementioned crimes are in relation to monetary transactions. Considering that PNAC as a government corporation under the new law has its own SEPARATE BUDGET under GAA.
Yes, mga besh, ang tamang attitude: “A whiff of corruption makes me sick.” Sa isip, puso, gawa, at di lang puro SALITA, di ba TATAY DIGS?
I would not want a sitting member previously convicted of any of those crimes become a member of PNAC as it would be a mockery of the legality pertaining to my OWN community. In the words of the late Senator Miriam Defensor Santiago: “We should have ‘moral’ excellence. Dapat ibinoboto natin, walang bahid sa kaniyang record.” #NotAWhiffOfCorruption
Mga mumsch, dun na tayo sa moral excellence, mahirap na, balikan niyo prefaratory ko. Baka mabuhay ang patay. Kayo rin?
III) #HIVPOLICYBATASNA but who are the members of PNAC?:
ON LIST OF PNAC MEMBERSHIP
Paramihan interpretasyon, ang maubusan, uwi na lang luhaan!
Under Sec. 6 of R.A. 11166, it provides that: “The following agencies and CSOs shall be represented in the PNAC xxx” or “Ang mga sumusunod na sangay at CSOs ay magkakaroon ng katawan sa PNAC”
HIV policy failed to clearly state under this provision it’s intent to specify with exclusivity that this is the list PNAC membership. I would have rather stated it as: “THE PNAC shall only be composed of the following agencies and CSOs as members.” Specific. Exclusive. Direct
(Note. The term ‘composed’ and ‘represented’ are two different terms, as used. Please see above statements of the law and suggestion.)
Assuming arguendo,that this provision provides the composition of PNAC membership regardless of how it was stated, it is still ambiguous as to exclusivity of enumeration. The law uses the term “shall” without any exclusionary term being added. In Auction In Malinta INC. v. Warren Embes Luyaben, GR NO. 173979, the Court held that: “It must be shown that the stipulation is EXCLUSIVE. In the absence of qualifying or restrictive words such as ‘EXCLUSIVELY xxx SHALL ONLY xxx the stipulation is deemed merely an agreement xxx not as a limit.”
AMP! Sobra na, indefinite break…Balik kung kailan niyo gusto….
While it is true that ‘shall’ connotes mandatory character of a statute; this, however, is not an absolute rule in statutory construction of laws. In Gachon & Guevarra v. Hon. Devera, etc., et al., G.R. No. 116695, the Court held that: “The import of the word ultimately depends upon the consideration of the entire provision, its nature, object, and consequences that would follow from construing it one way or another.”
Thus, the interpretation of the HIV policy is wanting of a clear stipulation as to PNAC membership under Sec. 6 but what it provides are those agencies who have definite representation in PNAC but not necessarily members of PNAC. (Note: The term ‘composed’ and ‘represented’ are two different terms)
Again, there’s today until the release of the IRR to cure the ambiguities in the principal law.
It’s not you, it’s me; kasi, umuwi akong sugatan, duguan, at yun na nga luhaan. Di naman naubusan, di lang nagka-unawaan.
IV) #HIVPOLICYBATASNA echoing human rights in the absence of CHR Representation in PNAC:
ON PNAC AND HUMAN RIGHTS PROVISION
Tara! Laro tayo! Taguan…taguan ng kinatawan! Hindi ako anti-CHR nor Presidential fan/follower pero beshties, napa hashtag talaga akong #NasaanKaCHR.
Under Sec. 2 par. 3 of R.A. 11166, the law proudly introduces human rights as an integral part of the HIV Policy, as it states: “The state shall respect, protect, and PROMOTE HUMAN RIGHTS as the cornerstones of an effective response to the country’s HIV and AIDS situation.”
In Art. 8 of the United Nations Declaration of Human Rights, it provides the right to an effective remedy by competent ‘NATIONAL TRIBUNAL’ for acts violating fundamental rights granted by the Constitution or Law.
Eh anong pakialam niyo sa United Nations Avenue, Malate, Manila?
This generally accepted principle of international law is applicable in our country by virtue of the Doctrine of Incorporation under Sec. 2, Art. II of the 1987 Constitution.
AHHH Parte siya ng Pilipinas. Oh eh ano naman kung parte siya ng Pilipinas?
The importance of the provision fleshed out on the United Nations Declaration of human Rights is highlighted by the term “NATIONAL TRIBUNAL’, through R.A. 11166 a law reconstituting the PNAC could act not as a tribunal but rather the KEY ORGANIZATION to provide immediate and necessary legal action and aid concerning HUMAN RIGHTS in relation to HIV and AIDS through appropriate representation of legal consultants from the Commission on Human Rights with guidance of representatives of CSO PNAC Members as to advocacy aspect.
While it is also true that under Sec. 10 of R.A. 11166, it mentions protection of human rights through PNAC’s COLLABORATION with DOJ and CHR. Collaboration as a term for purposes of advancing human rights in implementation of HIV policy is not the most sustainable action in respecting, protecting, and PROMOTING HUMAN RIGHTS.
Ahh! Kailangan ng specific address kasi di madedeliver ang deliverables pag wala un specific number ng street?
A mere collaboration without a clear mandate imposed against DOJ and CHR in their participation through ‘representation’ in PNAC is ‘weaker than weak.’
I understand that DOJ was a member of PNAC under the old HIV Law of 1998 (R.A. 8504), it might have few occasions of missing the PNAC meetings; but, our government being as it is, remains – complacent.
Eliminating DOJ’s ‘representation’ in PNAC does not necessarily resolve the problem at hand but it further causes a problem. Collaboration is a discretionary function of DOJ AND CHR under the HIV policy, therefore, there may or maybe no collaboration.
What do we do now in the absence or failure of collaboration between DOJ, CHR, and PNAC? The HIV POLICY says. . . *birds chirping*
If they fail to comply to their mandate perhaps in the IRR, a mechanism to sanction negligence of agencies with representation in PNAC must be included; but this cannot be done with the status quo, if collaboration is retained without them being included in the representation in PNAC, as there’s no clear accountability for refusal or failure under the HIV policy. Collaboration denotes discretion, absent compelling term for it to qualify as mandatory in order to raise a legal cause of action that falls within the ambit of jurisdiction of the courts.
It is important to note DOJ’s collaboration with PNAC being discretionary in nature on the argument that they may be compelled to act upon such collaboration. Applying the doctrine of qualified political agency, DOJ as an executive organization is an agent of the Chief Executive. Therefore, they may not be compelled to perform discretionary function through judicial action. In the case of Pimentel v. Executive Secretary, G.R. NO. 158088, the Court held that: “The court has no jurisdiction to enjoin the President in the performance of his official or discretionary duties.”
While, CHR’s exclusion to a representation in PNAC exemplifies an echo of silence. Art. XIII, Sec. 18 (3) of the 1987 Constitution indicates the function of CHR to provide appropriate legal measures for the promotion of human rights. While it is true that CHR, on its own may act upon human rights violation in relation to HIV Policy, PNAC could have included in its functions a recommendatory power to CHR representation in PNAC (should they be included) Again, PNAC in accordance to UDHR could have establish in the principal law or possibly in the IRR to act as a KEY ORGANIZATION in assisting the PLHIV Community with regards to legal matter affecting their human rights in relation to HIV POLICY.
But there’s still hope until the IRR. Perhaps, if stakeholders and legal consultants would consider the inclusion of either or both DOJ and CHR as agencies that shall be represented in PNAC considering that the ‘representation’ under Sec. 6 of R.A. 11166 does not provide exclusivity as earlier discussed. So as to avoid, #NasaanKaCHR?
Nagsimula ang batasan ng laruan kung tawagin ay taguan ng kinatawan, #NASAANSILA? Sumagot si Gloc-9: “walang natira, nag-abroad sila”
V) #HIVPOLICIYBATASNA and its misinformation:
ON MISINFORMATION AS A PROHIBITED ACT
Ignorantia legis non excusat, pero yong batas mismo inignore ka, SEENZONE, BESHIE!
Under the Sec. 22 of R.A. 11166 entitled “MISINFORMATION ON HIV AND AIDS” the provision includes: misleading advertising and claims in any form of media xxx of the promotional marketing of drugs, xxx without approval from DOH and FDA xxx claiming to be a cure or fail-safe prophylactic for HIV infection shall be prohibited.
“BESHIE ANYARE. Misinformation on HIV and AIDS wer na u, dito na me.”
The law prohibits advertising of cure without DOH and FDA approval. In short “besht, bawal ka na magbenta ng pinakulong talbos ng kamote na gamot sa HIV without DOH and FDA approval.”
The law neither sanctions the misleading information on HIV transmission nor prohibits purveyors sharing information of HIV transmissions through the following: watermelon to human transmission, coke to human transmission, at ang iba pang makakamandag na transmissions.
Tuloy ang ligaya ng kamag-anakan natin na nagpapakalat ng mga makakamandag na information drive campaign sa Facebook na may itinusok na HIV+ na dugo sa pakwan, mag-ingat, nakakamatay.
Under Sec. 3 (n)(x) of R.A. 11166, the law made it known to the public by legislative notice on what is HIV and how it is transmitted.
The HIV policy is heading towards an HIV-educated and informed society but is it?
Under our Criminal Law, there is the long standing rule of IGNORANTIA LEGIS NON EXCUSAT or ignorance of the law excuses no one from compliance. Furthermore, it recognizes Nullum crimen nulla poena sine lege or THERE IS NO CRIME WHEN THERE IS NO LAW THAT DEFINES OR PUNISHES IT.
In Dunlao Sr. v. CA, (G.R. No. 111342) the court held that: Crimes mala prohibita are acts that are made evil because there is a law prohibiting the same.
While it is true that ignorance of HIV and HIV transmission excuses no one from compliance, saying: “Hala kinain mo yong mansanas na may dugo ng HIV+ mahahawaan ka” will continue to horrify us in the PLHIV community. Though violation or mere ignorance of what’s in the HIV policy is a crime mala prohibita, ignorance or the misinformation of HIV AND HIV TRANSMISSION was not included in the HIV policy. Crimes mala prohibita under our criminal law need not be willful or with intent of wrong being done, mere violation of a prohibited act could be penalized as long as the law penalizes it.
HIV policy could have been the pioneer law in penalizing purveyors of FALSE OR MISINFORMATION; but it couldn’t because the law is more inclined in securing DOH AND FDA approval of cure or prophylactic.
HIV policy missed to specify a deterrent against the very “misinformation on HIV and AIDS” considering the multifarious provision on INFORMATION, EDUCATION, and COMMUNICATION. The misinformation on HIV and AIDS suddenly went missing in the prohibited acts.
As a member of the community, I’m disheartened to read misleading advertisement of drugs without DOH and FDA approval. Naamoy ko yong negosyo ng kapitbahay na inihaw na isaw without DOH approval. #BentaKaKulongKa
I also listed several issues on provisions of Confidentiality under Sec. 44 to 48 of R.A. 11166 and provisions on Discrimination under the Sec. 49 of R.A. 11166 but I’m deciding to keep it confidential as it is not an exception for me not to be discriminated by my own community, where discrimination of ideas is a norm.
Loopholes? Maybe or maybe not.
Too technical? BESHIES, batas ang pinag-uusapan natin hindi lang kemerlot sa kanto. Ganyan talaga yan.
Advocacy over legality? It can be reconciled only if there’s willingness; otherwise, yeah, just shake your heads and say: “huwag na” without hearing what is there to be said. If no reconciliation is met, just leave it to the lawyers who are paid by our government to do their job and let’s just wait for what we deserve.
I welcome the HIV and AIDS Policy Act but we could have made it better. Like all other laws, there’s an imperfection as this was drafted also by humans, just like us. But we can still do better. Not perfect, BUT BETTER. The choice is yours: “Willing ba kayo mga besh?”
I fervently hope that the IRR will be able to tighten the HIV policy and seal its loopholes. Our best opportunity to clearly provide an IRR of the HIV policy is not when the circumstances so demands, but TODAY!
We address the legalities; an airtight HIV policy and IRR is what everyone from the community desires.
As a member of the PLHIV community, I hope that we can build bridges in between gaps of ideologies to resolve a legally sound IRR that reflects both the wisdom of LEGALITY and ADVOCACY. Let us not be constrained by our personal advocacies as this are purely intended as a framework for our laws and the IRR.
Lastly, I appeal to the legal consultants sanctioned to create an IRR that genuinely reflects the sentiments of the community within the legal bounds set by existing laws. Create an IRR of the HIV policy with compassion for the PLHIV community and perhaps not just because you are paid to make the draft.
(Author’s note: I wrote this entry for purposes of self-satisfaction without any intent to belittle the efforts already made and that demanded taxing years from those in the advocacy and in the Congress. I recognized my apparent lack of authority for the time being but in God’s perfect time, I’m willing to share more than what I could for the PLHIV community as an individual but not as a part of any organization nor constrained by my personal convictions and advocacies. Mabuhay ang PLHIV Community! a luta continua vitória é certa!)
5 Ways to #ResistTogether after #Pride
Be constantly reminded that #Pride is never (just) about partying. It’s about the ongoing struggle for the human rights of LGBTQIA people (no mater what sector they may be part of).
A few days into July, after the June Pride month, I was chatting with someone from Grindr; he boasted that he was at the “essence of pride: the Pride parade” (his words, not mine). The chat revolved around shaming, particularly of other LGBTQIA people; that now that the one-day celebration is over, things (including his way of “booking”) are “just back to normal.”
See… right after the “very proud” placement of the #ResistTogether hashtag in his pick-up account (particularly while he was in Marikina City), it has been refreshed, reverting back to claiming “NO chubs; NO oldies; NO femmes. Don’t dare me, I have unliblock.”
This got me thinking about this “brand” of exclusivist #Pride; and how we should instead be making (and continuing to make) it inclusive…
And so – off my head – here are five ways to #ResistTogether after the #Pride parade…
1. Stop the shaming from within the LGBTQIA community.
Change should start from within our community; and this can happen if our community members become more aware that – frequently – hatred starts from within.
Stop shaming the “oldies”; we’d all grow old.
Stop shaming the “chubs”; ALL bodies are beautiful.
Stop hating on the femmes; every gender expression is VALID.
Stop discriminating against sex workers; there is no shame in trying to make a living.
Our community is minority, as it is. Stop creating more minorities from within our community with your biases.
2. Donate… not just because you want merchs.
I get this concept of “what’s in it for me?”. This is the “driver” of so many of our actions – e.g. if companies give money to “support” Pride, they expect to get media mileage from it; and if we give money to “make Pride happen”, we may as well have that sticker (or whatever) to prove that… yes, we gave money.
But helping should be done not because of any return; it should be done because it’s the right thing to do.
And so if/when someone asked you to donate (however small the amount may be) to help establish an actual home for senior LGBTQIA Filipinos, give.
If someone asked you to chip in (no matter how small the amount you can give) to help pay for the PhilHealth of a person living with HIV, give.
And if someone asked you to donate (whatever amount) to help finance the picket line of LGBTQIA workers who were illegally dismissed from their jobs after they (rightfully) asked to be made regular employees, give.
LGBTQIA-related issues happen EVERY DAY of the year, not just in June. So if you’re willing to cough up cash to look glamorous/fab ONLY in June, you should also be willing to do so the rest of the year…
3. Be the voice of other minorities.
This shouldn’t be a divisive issue, but it is becoming that – i.e. the supposed “hijacking of commies of Pride month” by highlighting other issues that those who complain say have nothing to do with the LGBTQIA community.
These issues include: contractualization, wage hike, extra-judicial killings, war on drugs, and so on.
Here’s the BASIC thing though: LGBTQIA people do not live in a vacuum. Some of us are contractual workers (e.g. LGBTQIA people working for – say – Zagu, or Jollibbee, or the baggers in department stores). Many of us LGBTQIA people do not get the wages we deserve (e.g. LGBTQIA people who are also nurses and teachers). There are LGBTQIA people also killed because they were allegedly involved in the drug trade; and this is even if the claim may be true or not.
We say that LGBTQIA people are EVERYWHERE. Well, WE ARE; including among other minority sectors.
So that we can’t separate THEIR issues from OUR issues.
4. Be seen the rest of the year.
You, like many others, helped create the noise for LGBTQIA issues during Pride month. That’s all good (and thank you, truly, for this). But please, please don’t disappear after June (or worse, don’t be the source of discrimination after June – as noted in #1).
If you can’t be bothered leaving your desk, that’s your call; but continue making noise for the LGBTQIA community.
But if/when you are able to/you are keen to, join the ongoing struggle for our total liberation – e.g. join the call for rally for the anti-discrimination bill, attend gatherings pushing for marriage equality, attend events of LGBTQIA-related NGOs (including HIV-related events), physically support LGBTQIA-related shows/productions/et cetera.
Just BE SEEN BEYOND JUNE; it matters a lot.
5. Go back to the streets… and not just to party.
So you had fun attending the parade; perhaps even more so when you attended the after-parade party/ies. That’s all good. Not one to miss out on fun, I am one with you here…
BUT be reminded that #Pride is never (just) about partying. It’s about the ongoing struggle for the human rights of LGBTQIA people (no mater what sector they may be part of).
After almost 20 (THAT’S 20!) years, the anti-discrimination bill is still languishing in Congress.
Over 80% of the new HIV cases in the Philippines affect members of the LGBTQIA community (particularly gay, bi and trans people).
Schools (including State-owned/run) still discriminate against LGBTQIA students; a handful of them barring LGBTQIA students from enroling/attending classes because of some bloody haircut or because of what they are wearing.
Because of their HIV status, people living with HIV (many of them LGBTQIA) are: still fired from work; kicked out of their homes; or not given access to life-saving HIV medicines.
LGBTQIA informal settlers – along with hetero-identifying informal settlers – are kicked out of their homes.
LGBTQIA contractual workers are still not regularized.
So – let’s state this – IF THERE IS A CALL TO RALLY FOR OUR RIGHTS, not just a call to parade and party, TAKE HEED. If 70,000+++ people can gather to parade and party, surely the same number (if not more) should also be able to gather when a call is made for us to rise again together to push for equality.
Yes, we have taken progressive steps (corporations are even considering how to profit off us now); but so much still needs to be done. And – to stress- we need to always show our force; to always take to the streets to highlight our issues.
So party on, yes; but never stop fighting as one. This is how we continue to truly #ResistTogether.
6 Reasons why your ‘pride’ isn’t (necessarily) every LGBTQIA person’s Pride…
Michael David Tan: “We may need budget to pay for the expenses incurred to hold pride-related events; but if we need approximately P1 million to hold a half-day event, and then disappear the entire year (seemingly forgetting the struggles still experienced by members of the LGBTQIA community after claiming we ‘represent’ them), then that’s NOT what pride is supposed to be.”
“Make pride happen. Give money.”
That – in not so many words – is what LGBTQIA “pride” has become. And here, we don’t have to look (only) at Western versions of what Pride has become; we just have to consider Metro Manila’s.
Now, now, now, before you hate-click; before you fume with anger for being “attacked”; before you start complaining that those who are complaining “just don’t get it; they’re just getting old”; before you start unfriending those who do not belong in your echo chamber/s, hear some of the counter-arguments why YOUR ‘pride’ (or your concept of it) is no longer every LGBTQIA person’s Pride…
1. When pride organizers party with non-supporters (or even abusers) of members of the LGBTQIA community, or those that are in it just to profit off us because… money and/or fame and/or convenience and/or they’re all in the same “in” group/social circle.
In the Philippines, that LGBTQIA national “conference” that was really just a political tool of a former presidentiable comes to mind. But so is that blind support of pride organizers of this venue in Cubao, where many members of the LGBTQIA community alleged that they were harassed and molested. And so are companies/people who only surface supposedly for us only once a year, but are nowhere to be seen the rest of the year…
This approach has turned this “pride” into a hobnobbing event, helmed by those who have access to powers-that-be (e.g. media, donors, advertisers, et cetera)…
2. When your pride “leaders” claim to represent you, but are not accountable to you.
If, in the past (such as in the case of Task Force Pride in the Philippines), it was the community that decided who would helm Pride, the model has now changed to NGOism with an eye on earning (seemingly without even intending to effect REAL changes anymore since – as noted already – those who turn up for pride do not turn up to push for the passage of the anti-discrimination bill anyway).
I challenge you to listen and hear speakers talk about Lumads/Indigenous Peoples, Muslims, PWDs, seniors, and so on… Great crowd-rousers and sources of newsbytes when delivering speeches, actually; but that’s all they have become. Aside from the so-called (once-a-year) visibility, what has this version of “pride” done (in practical sense) to these communities being mentioned?
3. When it’s now all about merchs; all of them using nice-sounding hashtags claiming we’re supposedly all in this together.
Did you know that, for 2019, “the total we need to mount the March and Festival is PHP990,050”?
Not surprisingly, we have this in this year’s organizer’s fundraising site: “Donate ₱5000.00 Or More” and get “I Made Pride Happen Sticker, Resist Together Sticker, I Made Pride Happen Pin, I Made Pride Happen Tote Bag, Resist Together Cap and I Made Pride Happen Shirt.”
When you can’t even donate P50 to help the Home for the Golden Gays establish a REAL, physical space for senior members of the LGBTQIA community; or won’t even give P100 to help feed LGBTQIA workers who are holding rallies after they were dismissed from work; or can’t even give a peso even as your token help to Lumad LGBTQIA people who – like other Indigenous Peoples – are fighting to keep their ancestral domains. You have to ask if “pride” – for you – is really just an excuse to party, instead of fighting for the human rights of everyone under the rainbow…
4. When “pride” is a “by-invite” only gathering…
It’s a free event, you say. And in a way it is. But NOT EVERYONE has access to it, or is even made to access it.
In a past pride event in the City of Manila (years and years ago), the attendees were told to leave the venue (where the program was held), only to be allowed back in the same (now gated) venue, though this time with payment already…
Recently, there was an ad from a restaurant that said that it is hosting a “pride” party, so “buy tickets now”…
And don’t get me started with “after parade events” – e.g. in Western countries, accessible only after you pay moolah; and here, via by-invite only parties for the organizers who (apparently) still have spare money to spend to party, party, party…
Also, in modern “pride” events, note who gets to decide who helms “pride”. It’s people belonging to the same close-knit circle (i.e. the “echo chamber), easily disposing those who “don’t think like them”. In this sense, “pride” isn’t exactly inclusive…
At least according to some LGBTQIA people I spoke with, one of the biggest “fears” of some LGBTQIA people who (also) supported Rodrigo Duterte’s presidency if they choose to attend “pride” was their “othering” by the organizers who support the opposition. This is why they choose NOT to go to “pride” anymore; when they are not even given opportunity to air their side, while the “leaders” take every opportunity to tell them (self-righteously) that only they are always right and should be allowed to stay in power…
In this sense, “pride” is also a “tool” to segregate “them” versus “us”, even if we supposedly belong to the same LGBTQIA community…
Similarly, check the data mining happening so that the organizers can use your info to: A) get money off you, or B) “sell” the same to get money off you…
5. When we are blindsided by the glam and forget we’re being used.
Bench has been criticized for not supporting Ang Ladlad in the past; and yet is (for lack of better word) milking the rainbow to sell goods now. But Bench isn’t alone here, there are so many companies that slap the rainbow on their goods to make LGBTQIA people buy their goods, but don’t do shit to help: their LGBTQIA people staff, and the LGBTQIA community as a whole.
Start asking: Where is the money you are spending (supposedly for “pride”) going?
Check, too, the number of brands suddenly using the rainbow to promote themselves. But just how many actually give money back to the LGBTQIA community particularly in the Philippines (and I’m not just talking sponsoring the one-day parade)?
Still on a related note, we also have supporters who – again, let’s be blunt here – should also be asked the hard question, e.g. Catriona Gray is definitely fabulous for supporting us (she deserves the love she’s getting), but premised on her push/support for @sanmiglight, and this alcoholic brand’s silence re alcoholism (that affects the LGBTQIA community), shouldn’t we also be asking the link between the two? No, you don’t have to not support one just because you oppose the other; you just have to START ASKING THE HARD QUESTIONS…
6. When the concept of “pride” is packed just in June, with the people behind it disappearing the entire year, as if the LGBTQIA community’s issues ceased to exist after the throwing of the glitter bombs via the parade and festivities.
Jennifer Laude was murdered in October (2014). Not even two weeks later, Mary Joy Añonuevo was stabbed at least 33 times all over her body at her bar in Lucena City (also in October 2014). Bunny Cadag claimed Jollibee discriminated against them in August (2017). Claire Balabbo was dismissed – along with 96 contractual employees – by Tanduay Distillers Inc. in Cabuyao, Laguna in May (2015). And Dats Ventura has been fighting for the rights of Indigenous Peoples, including LGBTQIA Lumads, every day of the year…
The push – and even celebration of – Pride should be done EVERY DAY.
Because the issues involving members of our community still remain after we’re bombarded by glamorous – and well-funded – “pride” events/happenings. Worse, these issues seemingly remain untouched/unsolved EVEN WITH the “pride” events.
Let me say that every time someone says, “Make Pride happen. Give money.”, they’re really just asking you to fund them/their lifestyles.
Because Pride WILL happen with or without the cash (and the selling out because of it); that’s how the riot in Stonewall Inn started in 1969.
In 2014, during WorldPride in Toronto, Ontario, Canada, Angie Umbac – former executive director of Rainbow Rights Project, Inc. – was asked about the “struggle” between “pride as a struggle” and “pride as a commercial celebration.”
She said that Pride is always a struggle between the political and the cultural. For many, when they start, it’s always just political; but then, eventually, sponsors come in and at times dictate Pride’s direction.
But “this is how I see it: Pride belongs to everyone… But if you have a cultural pride without the background of why we are having pride, then we would lose the message. Keep it balanced – stay corporate because you need the funds, but remember that in the beginning it was political, and it was political for a reason.”
Nowadays, we may need budget to pay for the expenses incurred to hold pride-related events; but if we need approximately P1 million to hold a half-day event, and then disappear the entire year (seemingly forgetting the struggles still experienced by members of the LGBTQIA community after claiming we “represent” them), then that’s NOT what pride is supposed to be…
Walang pinipiling oras o panahon ang opresyon at diskrimininasyon
Aaron Bonette writes about the discrimination still experienced by LGBTQIA Filipinos in these supposedly more aware times.
Kagabi, habang naglalakad sa Taft, para mag-abang ng jeep papunta sa terminal ng bus pauwi ng Lucena. May apat na lalaking nakasakay ng kotse na bumagal at nagsisigaw ng “Bakla! Bakla! Bakla” habang nakatingin sa akin at nagtatawanan.
Nakakagulat, pero kahit papano ay nagawa ko parin silang pakyuhan, dalawang kamay. Pero pagkatapos ng napakabilis na sandili ay saka ako nakaramdam ng takot at galit.
Hanggang ngayon pala ay mga ganun pa ring tao na naglilipana sa mundo, mga kaedad ko rin siguro o mga nag-aaral lang din sa mga unibersidad na malapit sa area.
Kagabi ko nalang ulit naranasan yun ganun at naalala ko yung pakiramdam ko nung bata palang ako na ganun din ang sinisigaw ng mga kaklase, mga tambay sa eskinita (may kasama pang pambibikil o panununtok kase hindi naman ako lumalaban) at maging ng mga kamag-anak ko. Masakit at nakakadurog ng pagkatao.
Hindi ko sila na mukhaan pero tanda ko yung laki ng mga bunganga nila habang tumatawa at talas ng mga matang mapanghusga na direktang tumatama sa akin.
Mababaw lamang ito kumpara sa iba kong naranasan at kumpara sa nararanasan ng iba pang LGBT na kinukutya at tinatanggalan ng dignidad araw-araw; yung sa iba, sinasaktan o pinapatay.
Pride month ngayon, panahon para labanan ang lahat ng kabastusan at pangungutya laban sa mga LGBT. Akala ko, mas mapapaigting yung awareness sa mga tao, sa tagal na ng pakikibaka ng mga LGBT, akala ko medyo mawawala na yung mga katulad nila.
Pero sabagay, wala namang pinipiling oras o panahon ang opresyon at diskrimininasyon. Nanjan lang sila, at mas patuloy pang dumadami. Normal parin pala ang pambabastos dito sa Pilipinas.
Patunay na napakalayo parin ng kailangang ipaglaban at napakarami pa ng kailangang singilin.
5 Things businesses can do to (truly) impact the LGBTQIA community
Already, numerous companies have been releasing Pride-related merchandise, out to get the pink currency by blinding members of the LGBTQIA community with glitters. But profiting from members of the LGBTQIA community may earn you some cash in the short term; but pinkwashing isn’t gonna help you in the long run.
Western-dictated LGBTQIA “Pride” is about to happen anytime now, with June fast approaching. This is supposed to be the one month in a year when everything LGBTQIA is to be “celebrated”, to be “showcased”. Why? Because – historically – it’s the same month when the Stonewall Inn riots happened in New York in the US, when members of the LGBTQIA community raged against the police because of abuses committed against them.
And so, not surprisingly, already, numerous companies have been releasing Pride-related merchandise, out to get the pink currency by blinding members of the LGBTQIA community with glitters. If you can afford to, head to the US in June, and walk in any – as in ANY – shopping area to understand this point. From Converse to Dr. Martens to Adidas to Starbucks to phone carriers to… just about everything, there’s something rainbow-colored being sold, supposedly in support of Pride.
Now, now, don’t get me wrong: The “presence” is noteworthy because everything LGBTQIA is (finally) going mainstream. I’m all for that.
But this mainstreaming is also problematic because it actually highlights so many of what’s wrong in society as a whole, and the LGBTQIA community in particular – e.g. how businesses are profiting from the LGBTQIA community without helping its members; and how many LGBTQIA people choose to look the other way just to… get their hands on those new pair of shoes with rainbow stripes, or those shirts with rainbow printing, or that P200 cup coffee in a plastic cup with rainbow design…
The “selling” of LGBTQIA “Pride” has been noted before, and the trend continues even now – e.g. Converse, which has “rainbow sneakers”, won’t even donate any proceeds to actual LGBTQIA causes; and locally, Bench has joined the bandwagon even if (back when the rainbow wasn’t so hip) it did not even support Ang Ladlad, and it can even be argued that it even created a fake “controversy” by using the LGBTQIA community to get media mileage.
In a gist: Many brand’s supposedly pro-LGBTQIA move is performative in the name of making a profit.
Talking to those under the rainbow (for instance, Pride organizers that spend half a million pesos for a half-day parade; but won’t even give a few hundred or thousand pesos to help feed LGBTQIA workers who are holding rallies after they were removed from work by multinational companies) is for another day; though for now, here are five things that businesses can do to (truly) impact the LGBTQIA community…
Put your wallet where your mouth is.
You say you support the rights of LGBTQIA workers who were kicked out of their jobs because of who they are? Then help fund them when they hold rallies against those who fired them.
You say you’re an HIV “advocate”? Sponsor one or two or three persons living with HIV by paying their PhilHealth (amounting to P2,400 per person per year).
You say you’re concerned about your LGBTQIA workers? Give them the same benefits being given to heterosexual people (e.g. those who can legally marry).
You say you’re concerned about senior LGBTQIA people? Help fund the establishment of an actual – physical – home for them.
You say you worry about the mental health of LGBTQIA people (including those working for you) because they continue to experience discrimination? Spend on mental health care.
You say you worry about LGBTQIA youth not being able to access education because of who they are/who they love? Offer a scholarship program to them.
And if you have supposedly LGBTQIA-related for-profit event, DONATE even a portion of your profit to LGBTQIA-related causes.
The harsh truth is: Talk is cheap; but your donation can save lives.
2. Choose where your money goes.
Related to #1, CHOOSE WELL.
There are too many “glittery” LGBTQIA or related organizations; but peel that glitter away, they’re nothing there but empty shells. There are way too many LGBTQIA or related organizations that we often hear of/about, but are actually infamous (in the LGBTQIA community itself) because they’re in the “advocacy” just to profit from it.
Know the opportunists.
Now, how to do this?
They disappear after Pride. LGBTQIA organizations that surface ONLY once a year are just as bad as the private companies that only surface at the same time; they’re really just there to make money.
They’re almost always JUST online or in mainstream media, boasting about this or that, all talk but you never see them do actual LGBTQIA-related work. They co-opt other people’s struggles (e.g. they’d say they represent minorities in the LGBTQIA community), and then they won’t let members of these minority sectors speak for themselves (for instance, LGBTQIA people who are also persons with disability/PWD, seniors, members of the Lumad communities, Muslims, informal working sector, informal settlers and those living with HIV). These people will claim to represent all, so “give us money”, but they do not know shit about these people they claim to represent. So please, STOP funding these people.
You only see them in parties/social gatherings; never where the action happens (e.g. picket lines of workers, including members of the LGBTQIA community, removed by multinational corporations; rallies for the anti-discrimination bill; visits in HIV treatment hubs; et cetera).
Their bosses “beg” you to “sponsor” their international trips. By itself this is “common practice” by NGOs and CBOs with non-existent funds; but when this is all they do, then you need to reconsider the support given to them.
Do your research. Not everyone “popular”, even members of the LGBTQIA community, have the community’s concern in their minds. Stop yourself from getting used and abused to profit off the misery of others.
3. We understand profit; but don’t stop there. Develop pro-LGBTQIA policies.
According to Stonewall in the UK, 19% of LGBT workers experienced verbal bullying from their colleagues, customers or service users because of their sexual orientation. Unfortunately, 13% say that they would not feel confident in reporting homophobic bullying in their workplace.
This no-so-welcoming environment is not good for LGBTQIA employees; and – to over-simplify – if your employees aren’t happy while working for you, their performance is bound to suffer, and this means a loss for your company.
So start creating those LGBTQIA-affirming policies.
Give diversity and inclusion trainings to all your employees (including those holding high positions) for them to understand sexual orientation, gender identity and expression (SOGIE).
Include people’s SOGIEs in the existing employee’s manual/handbook – e.g. allow trans women to use women’s CR/loo/toilet; punish those who discriminate; et cetera.
Offer the same benefits to the partners of LGBTQIA people (even if they are not legally married because the country still does not allow this).
Allow LGBTQIA employees to organize.
By making pro-LGBTQIA part of running your business, your impact will be there longer.
4. Hire LGBTQIA people, including in leadership positions.
In 2017, fastfood giant Jollibee Foods Corporation (JFC) apologized to genderqueer Bunny Cadag who alleged experiencing discrimination, following the PR tempest their story made since it was first shared online.
Cadag was interviewed for a job as a transcriber by people from the Human Capitol Development (HCD) at JFC’s main office in Ortigas. That first day of evaluation passed without incident. However, when Cadag returned another day to continue the training session, a certain Louie Angsico, said to be one of the contact persons of HCD, spoke with Cadag over the phone to tell them that JFC is not yet “welcoming to the idea” of having a transgender person working for the company. Angsioco allegedly added that JFC is a Roman Catholic company.
While JFC eventually apologized, the perception (particularly for members of the LGBTQIA community) continues to exist that Jollibee… discriminates.
Beyond the “image” angle, though, get this: Research from UCLA found that nearly all (92%) of companies with anti-discrimination policies credit the policies with having a positive impact on annual sales. Executives also said that these policies lead to better recruitment and retention of top talent.
The Center for Talent Innovation’s report, “Out in the World: Securing LGBT Rights in the Global Marketplace”, also found that 71% of LGBTQIA respondents and 82% of allies are more likely to purchase from a company that supports LGBTQIA equality.
So yes, having more LGBTQIA employees can positively impact the bottom line.
5. Don’t just show up once a year.
Companies that are ONLY seen once a year, attending corporate Pride parade, are actually seen as opportunists, using the LGBTQIA community only to get media mileage. And when NOT backed by the aforementioned points (e.g. creating LGBTQIA welcoming workplaces), this is actually what it really is.
So while joining the party is fun (and let me say this, those who can should do this), LGBTQIA-related efforts should NOT stop there.
In the end, profiting from members of the LGBTQIA community may earn you some cash in the short term; but pinkwashing isn’t gonna help you in the long run. Look at how Israel’s pro-LGBTQIA efforts are now seen as nothing but part of a “nation-branding program” to use the LGBTQIA community as cover for its abuses against Palestine. Or how Mar Roxas will always be marked by his flip-flopping on LGBTQIA issues. Or how there will now always be people who will see Bench as an opportunist by “selling” the rainbow, when it failed to support the LGBTQIA community when it mattered (i.e. while an LGBTQIA political party eyed a seat in Congress).
So do something good. Expect a return if you must; but ACTUALLY do something. It’s actually easy, and the benefits for any brand longer-lasting…
5 Things funders/donor agencies can do to ACTUALLY help the LGBTQIA community
When their LGBTQIA-related projects are funded, it is okay for organizations to (also) please the funders. But… shouldn’t the beneficiaries be the main focus since these efforts were made to benefit the people more?
In December 2018, while trying to persuade the “mother” of an organization for senior LGBTQIA people in Pasay City to apply for funding for their project/s, I was asked: “Where do they send the money if we don’t even have a bank account?”
In January 2019, while trying to encourage a Deaf trans community leader of an LGBTQIA group in Davao City to get grants to finance their efforts, I was asked: “Will they give us money if we’re not even registered with SEC (Securities and Exchange Commission)?”
And in February 2019, while reprimanding a Deaf friend, who also heads a pioneering Deaf LGBTQIA organization (based in Mandaluyong City) in the Philippines for getting used by Hearing organizations that avail of her services (without payment), thereby using her affiliation, I was bluntly told: “This is arguably the only way for us to ‘participate’ in ongoing efforts; we tried applying for funds before, but were told we’re too small, we don’t have the skills, we can’t even do accounting, and so on…”
These are – of course – only some of the more recent somewhat-similar assertions I continue to come across when chatting with grassroots LGBTQIA leaders in the Philippines. This inability to get funds NOT because they can’t do the job (or are not doing the work already), but because they’re not paper-pushers, they don’t know the “right people” (and so don’t know whose asses to kiss), they haven’t been provided training, and so on…
And in all these instances, the analogy that ALWAYS comes to my mind is that issue encountered by fresh graduates when they apply for a job – i.e. companies want people with experience, so they won’t hire fresh graduates, though – if they don’t get hired, how can the fresh graduates then get this so-called experience? The fault isn’t with the applicant but the employer.
An in the case of NGOs and CBOs, the fault – and let’s be blunt here – is on the funder/donor agency because of existing notions and practices that really should be overhauled.
Now how to overhaul these notions? Here are practical tips…
1. Stop funding ONLY big NGOs (and often only those with personal connections to people working for you).
The REAL work is NOT DONE by many of these; instead, they’re merely middlemen that profit from the actual work of grassroots organizations that these bigger organizations “fund” to do the hard work for them.
Fund the actual workers, not just the paper-pushers.
2. Related to #1, fund the smaller organizations.
For instance, note how – in support of LGBTQIA efforts in, say, Africa or Asia – many American-based NGOs get the money, instead of the ACTUAL African and Asian NGOs. They bring “attention” to the LGBTQIA-related issues in these areas, sure; but too much money is wasted on PR, instead of the actual efforts to help those affected by anti-LGBTQIA efforts in these areas.
I have heard numerous excuses about the non-preference for smaller NGOs, e.g.:
But the smaller organizations aren’t familiar with accounting system/s, you say. I said: Then train them. Or just provide the funding so they can get the training themselves.
But the smaller organizations aren’t legal entities yet, you add. Then fund them so they can afford to legally register.
In a gist: Not funding smaller organizations end up promoting an erroneous “for profit” approach of so many bigger NGOs that, as mentioned, reap the benefits from the work of those at the grassroots.
3. Go beyond the reports.
Yes, yes, yes – reports are great and all. But if this is the ONLY (or even MAJOR) indicator of success, then there really is a need to reconsider why we’re in advocacy at all.
In New York in 2014, I once spoke with a worker in a funding agency who boasted to me that “we fund a faith-based effort in the Philippines”. When the name of the church that was given money was mentioned (along with its now-former-leader), I told this person that the same was kicked out of the church because of allegations that involved – among others – financial matters. This is, I added, common knowledge; it’s all over the Internet.
“No, you ARE mistaken,” she said to me, succinctly. “We must not be referring to the same person.”
“No, I’m not mistaken.”
“But the reports we received are… good.”
“Have you ever visited the Philippines? Or spoke to other Filipinos aside from this one person, particularly the beneficiaries?”
She looked at me like I was crazy: “We do NOT do that,” she said. “We rely on the reports given to us; we trust these.”
“Your loss,” I said, “though a bigger loss for the community that’s supposed to benefit from the already-extremely-limited funds.”
I never heard from her EVER again.
4. Reach across (more) aisles.
Dealing with people we’re comfy with is great; but if funds are given to the same people over and over and over again, this creates a “hierarchy” in service provision. This is why there’s the so-called “Bangkok Mafia” in Thailand (a group of people said to know the ‘who’s who’ as far as donors are concerned, and so have somewhat-exclusive access to them). Now, whether this is true or not is up for debate; but that this perception exists at all ought to be a source of worry. Because more than anything, it gives that impression of an “in” crowd, the “chosen ones”, the “gatekeepers”, with the rest basically dependent on their mercy…
5. Revisit indicators (of success or failure).
Yes, popularizing a hashtag created for an event is good and well, but this form of (support to) “keyboard activism” should be limited.
Interviewing a Maranao transwoman (who originally came from Marawi) in Iligan City, I was once told: “We don’t even have electricity; yet you expect us to be active online.”
In the end, pleasing the funders is all good (this comes with the territory); but shouldn’t efforts be made to benefit the people more?
HIV is not inability
There are two possible conclusions that can be drawn based on legal and medical parlance, to wit: (1) HIV and AIDS as a physical impairment, and (2) HIV and AIDS as a psychosocial disability.
“Disability is not inability.”
Councilor Raissa Laurel Subijano of San Juan City once said this; she is a graduate of Law, elected into office, and then became a person with disability after the 2010 Bar exam bombing outside DLSU-Taft.
I intend to permeate wisdom from the lack or absence of knowledge of some individuals regarding disability, or it could possibly rectify the societies ignorance from the DISABILITY.
At the end of this entry, there are two possible conclusions based on legal and medical parlance, to wit: (1) HIV and AIDS as a physical impairment, and (2) HIV and AIDS as a psychosocial disability.
The discussion on PLHIVs as PWDs must clearly establish a parameter that nobody is allowed to neither look nor equate disability to INABILITY, INCOMPETENCE, and HELPLESSNESS. Persons with disability are not less than anyone; they are your fair equals.
Under Art. 5 of the Convention on the Rights of PWD, states that: “State parties recognize that all persons are equal before and under the law and are entitled without any discrimination.”
In our Jurisdiction, Sec. 2(b) of R.A. 7277 or The Magna Carta for the Disabled persons, states that: “Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. xxx Disabled persons’ rights must never be perceived as welfare services by the Government.”
It is a form of discrimination when someone says: “Instead of issuing PWD ID for PLHIV we look for ways to empower them.” It is as if having a PWD ID is not empowering. It is as if being PWD is disempowering. Discrimination of any kind based on disability is prohibited under existing laws.
Under Art. 2 of the Convention on the Rights of PWD, It is considered as a “DISCRIMINATION ON THE BASIS OF DISABILITY” when any distinction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, xxx on an equal basis with others.
If you’re adamant in your principle that PLHIVs should not be considered PWDs because they are abled; It is as if PLHIVs being considered as PWDs is degrading or an insult to ones ability. Sorry to burst your bubble, that’s not a principle at all; but a form of DISCRIMINATION, much less, IGNORANCE. Even persons with disability are still considered competent, capable, and productive, as they are other-abled.
There have been several opinions made on the link between disability and HIV; but none of those that disprove the link was intellectually substantiated. Most of the statements made were ranging from dense to shallow premises with no arguments at all. The most that they were able to come up with is the fact that not any existing law expressly mentions HIV and AIDS as a disability. In the same manner, that no existing law expressly LIMITS disability on visual, physical, nor mental impairment to the
I) HIV AND AIDS as a Physical Impairment
Under Sec. 4(c), R.A. 7277 or the Magna Carta for PWD (as amended by R.A. 9442), Disability is defined as Physical Impairment that substantially limits one or more psychological, physiological or anatomical function of an individual. In the definition, Physical would mean anything relating to the body. Physical impairment necessarily follows that it is includes impairment in cells’ function.
Under Sec. 3 (n) of R.A. 1166 or the Philippine HIV and AIDS Policy Act, it defines HIV as a: “virus, which infects cells of human immune system, and destroys and impairs the cells.” Thus, a person infected with HIV has a physical impairment through infection of HIV. Unless, it is cured, the virus is a continuous threat. The HIV and AIDS Policy Act recognizes that there’s no cure that can eliminate HIV from our system but what the antiretroviral drugs does is it only stops or suppresses viral replication, thereby slowing down the progression of infection.
While it is true that Anti-retroviral Therapy (ART) suppresses the virus; PLHIVs are vulnerable as compared to other individuals considering our condition being immune-compromised. PLHIVs regardless of medication are still at a higher risk of suffering from HIV-related medical conditions; because, our cells’ functions are impaired.
PLHIV also experience disability related to HIV. As it progresses, HIV disease can result in mental and physical conditions that impair ability. In addition, highly active antiretroviral therapy and other treatments, while saving and prolonging lives of PLHIV, can also cause side effects that can be disabling. [Elliot, R. (2009), Journal of the International AIDS Society.]
This is the other half of the truth, which some “advocates” fail to appreciate. Which leads me to this question: “Who do they really advocate?” Perhaps, it’s time that we also reflect upon the term that has long been abused – ADVOCATE. As I mentioned in my previous article: “Recognition: tug of war in HIV advocacy” (2017):
Advocacy is not just about claiming to be an advocate. Advocacy is equivalent to progressive action rather than passive inaction. It can neither be said that a positive diagnosis for HIV/AIDS is an express ticket nor license to the advocacy. One becomes an advocate when he truly understands the cause by exemplifying affirmative actions engaged in the cause; which should preferably be multiple, continuous, and instantaneous; rather than single, isolated, and orchestrated. This is how we become advocates.
There are also some who have been working for the longest time in the advocacy, thanks to you and your efforts for our community; but are you really for us or against us? With your indulgence, how does an act of going against a privilege for the PLHIVs be beneficial for the Community? Perhaps, its time that you retract from self-infested principles at the expense of a larger population, that further over boards existing laws. The laws may not speak well of your belief, but these are the laws, it applies to all with no exception, let the welfare of the people be the supreme law of the (Salus populi est suprema lex.)
II) HIV and AIDS as a PSYCHOSOCIAL DISABILITY
At present, PLHIVs are being ISSUED PWD ID on the basis of Psychosocial Disability. Under the Implementing Rules and Regulations of R.A. 7277, the term Psychosocial is defined as inter-relationship of the psychological aspects pertaining to the thoughts, feelings, reactions, and behavior of a person with social aspects pertaining to the situation circumstances, events, relationships, other people which influence or affect the person sometimes to the point of causing distress. The HIV and AIDS Policy Act of the Philippines recognize discrimination against PLHIVs, a discrimination that causes Psychosocial Disability.
The UNAIDS made a statement in United Nations Commission on Human Rights: Sub-Commission on Prevention of Discrimination and Protection of Minorities, “HIV/AIDS and DISABILITY” (48 Session, August 1996):
The disabilities consequences of asymptomatic HIV is that often people living with HIV, as well as those suspected of being HIV Positive, are very often discriminated against because they are wrongly perceived as being unable to perform; they are wrongly perceived as being a threat to public health… Thus, if they are not actually disabled by HIV-related conditions, they are often disabled by the discriminatory treatment they perceived because of their HIV status… Definitions of disability should move beyond functional limitations to cover medical conditions such as HIV/AIDS.”
In our Jurisdiction, there are no Jurisprudence that may clearly include HIV and AIDS as a form of disability; but there are already existing laws, as such, outside our Jurisdiction. In Australia, The Commonwealth Disability Act of 1992 defines disability as: “broad language referring to disease or illness, such as the following: the presence in the body of organisms causing disease or illness; or the presence in the body of organisms capable of causing disease or illness.” The same definition is also applied in the countries: New Zealand and South Africa.
While the aforementioned law, of Australia, has no applicability in our Jurisdiction. American Jurisprudence may guide us, as the Americans influenced most of our penal laws. Our Revised Penal Code alone was legislated at the time when our country was a colony of America. The Magna Carta for PWD is both a social legislation and penal legislation by virtue of its penal clause; therefore, we can use as a guide the AMERICAN DISABILITY ACT ratified by the U.S. Congress in 1990, which was subsequently interpreted by the U.S. Supreme Court in 1998, Bragdon v. Abbott, that settled affirmatively the legal challenges whether or not HIV should, in and of itself, be considered a disability if the person remains symptom-free and otherwise unimpaired.
The US case involving Ms. Abott clearly establishes a rule that HIV should be considered as a disability for purposes of the American Disability Act in relation to the Convention on the Rights of PWD.
The American Disability Act of the United States of America and the Magna Carta for Person with Disability draws it life from the same accepted general principle of international law, that is, the – Convention on the Rights of the Persons with Disability. I couldn’t see any reason why the same logic shouldn’t be applied in our Jurisdiction, if our law is anchored on the same International Law as that of the American Disability Act.
Now, it can be settled that infection from HIV and AIDS can be disabling but does not necessarily result to inability, regardless being called a person with disability; otherwise, such thought rightly falls under “Discrimination on the basis of disability.”
The application for issuance of an identification card as a person with disability is a matter of choice, which needs to be respected, when exercised or not. A PLHIV who secures a PWD ID should not be ridiculed as less than anyone. This exercise of privilege made by PLHIVs must not be seen as disempowering, as such, mentality is not only a reflection of legal impertinence but also an absence of intelligence.
Principles that deflect from those of PLHIVs, as persons with Disability articulated in a sophisticated language, do not merit any rebuttals from those who advocate PLHIVs as PWD. But don’t force the law to lean in your favor if it apparently does not support your principles, much less – ignorance.
When someone can come up with an argument, better than: “HIV and AIDS is not enumerated under the Magna Carta for PWD as a disability” feel free to send me a message. Otherwise; I’ll leave you with these: the law clearly implies consistent with the words expressly used that PLHIVs have physical disability on the basis of impaired cells, and PLHIVs are psychosocially disabled for being constantly exposed in a possible discriminatory act based on HIV status.
If there is one rule of construction for statutes and other documents, it is that you must not imply anything in them, which is inconsistent with the words expressly used. (Re: a Rebior [No. 335 of 1947] 2 All E.R. 533, per Lord Green M.R.)
I am Posit Bo, I was diagnosed with AIDS and Major Depressive Disorder, which qualifies me as a person with psychosocial and mental disability, respectively. I am a person with disability; but I am not less than anyone because I am your worthy equal despite my disability. You are not to judge me based on my disability or exercise of a privilege granted by law, as I am not to judge you based on your refusal to acknowledge your disability or exercise of privilege. Let us embrace diversity without hatred but instead with respect.
Apple updates Holding Hands emoji to represent more LGBTQIA relationships
Phl has most cases of fake medicines in Southeast Asia – UN report
Ranking the best (and yes, worst) countries to be LGBT in Europe
Problematic smartphone use linked to poorer grades, alcohol misuse, more sexual partners
Top ways to relax and recharge after playing sport
Make your business marketing all inclusive
Implementing rules and regulations of new HIV Law signed
Between 16% and 18% of preadolescents have ideas of suicide
Let’s talk about… orgies, says director Rod Singh
Phl votes for LGBTQIA rights at UN Human Rights Council
Now illegal to discriminate against LGBTQIA people in Marikina
5 Reasons why you should consider watching PETA’s ‘Rak of Aegis’
What it’s like to be a lesbian artist in this generation
5 Ways to #ResistTogether after #Pride
SOGIE Equality Bill filed anew in 18th Congress
‘Pride remains a protest’
Over 50,000 parade for Pride in Metro Manila
Good As New
Bullying more prevalent in birth-assigned females and out individuals – study
‘Stand proud all year long’ – Cartoon Network
‘Pride remains a protest’
A devotion to public service
Rainbow rising in Bataan
A life in pink
Sa isang banda ng bahaghari
Rainbow under the spotlight
Gay in the highlands
All the world’s a salon
Searching for Beauty
In the Scene2 weeks ago
5 Reasons why you should consider watching PETA’s ‘Rak of Aegis’
People You Should Know2 weeks ago
What it’s like to be a lesbian artist in this generation
Literary Pieces2 weeks ago
Good As New
Health & Wellness1 week ago
Between 16% and 18% of preadolescents have ideas of suicide