Anti-discrimination bill faces rough sailing in Senate

Published on August 30, 2012

By INA ALLECO R. SILVERIO
Bulatlat.com

MANILA — Already under fire for alleged plagiarism for his speech
attacking the Reproductive Health (RH) bill, senator and actor Tito
Sotto is now the target of criticism from the country’s lesbian, gay,
bisexual, and transgender (LGBT) community. According to reports,
Sotto is demanding the removal of sexual orientation and gender
identity (SOGI) provisions from a bill protecting minorities.

The Progressive Organization of Gays (ProGay Philippines) protested
reports that Sotto is working to remove protections for LGBTs from the
proposed Anti-Racial, Ethnic and Anti-Religious Discrimination Act of
2011. The alleged position was reported by Ifugao Rep. Teodoro Brawner
Baguilat Jr., a member of the House of Representatives that crafted a
version that will be reconciled with the Senate version in a bicameral
conference. Baguilat did not name other senators who were supposedly
opposed to sexual orientation and gender identity provisions.

“We are saddened that Sen. Sotto, whose successful showbiz and
political careers are in part supported by hardworking LGBTs are now
second class citizens who for him do not deserve equality before the
law,” said Goya Candelario, ProGay spokesman.

In a recent report in the Manila Bulletin, Baguilat was quoted as
saying that Congress is finding it difficult to decide whether or not
the LGBT provisions will be included in the bill. The lawmaker said
that he had received word that the bill was facing rough sailing in
the Senate bicameral committee because some senators wanted the
provisions supporting LGBT rights removed.

Baguilat, the chairman of the House Committee on National Cultural
Communities, said the senators may agree not to include such
provisions just to ensure the passage of the bill into law. He named
Sotto as one of the senators against the inclusion of LGBT provisions.
Baguilat’s own proposal seeks to penalize the profiling and acts of
discrimination hurled against persons on account of ethnic origin and
religious affiliation and belief, but some provisions on LGBT rights
have been included. It was approved by the Lower House on August 3,
2011. The bill was immediately transmitted to the Senate which got the
House-approved measure the following August 10. Other authors include
Tarlac Rep. Susan Yap and Sulu Rep. Tupay Loong.

For its part, ProGay said the Senate should include sexual orientation
and gender identity provisions in the bill because it is one of the
recommendations made by the United Nations Human Rights Council when
the Philippines underwent its Universal Periodic Review in May 2012.

The LGBT rights group said the failure of Congress to comply with this
recommendation will put a bigger black eye on the human rights record
of the Philippines, which is already in disrepute for the country’s
failure to solve extrajudicial killings and political disappearances.

“We appeal to Sen. Sotto to give back to the LGBT community, which had
suffered long enough from a spate of hate crimes, workplace
discrimination and ridicule from homophobic elements of society,”
ProGay said.

Repeal anti-gay vagrancy law

The LGBT rights group is also pressing Congress to repeal an
anti-vagrancy law, which, it said has “made life unbearable for LGBT
Filipinos.” It announced its support for House Bill 4936 that passed
in third reading in the House of Representatives last April and that
would repeal anti-LGBT, anti-women and anti-poor sections that enables
the police to arrest persons arbitrarily and detain them for
indefinite periods.

The Act Decriminalizing Vagrancy is co-sponsored by Palawan Rep.
Victorino Dennis Socrates and Bulacan Rep. Linabelle Ruth Villarica.

Candelario said that since the 1960s, Article 202 of the Revised Penal
Code has made LGBTs vulnerable to illegal arrests.

“Cops swoop down on gays and transgenders who are walking in the
streets at night or daytime, brand us as prostitutes, jail us, extort
money from us, and even subject some of us to sexual abuse,” he said.

The ProGay spokesman said many closeted homosexuals are at risk of
being shamed or disowned by their families, and the arresting officers
threaten gays with exposure to the media, forcing the arrested victims
to surrender cash, cellphones, or other favors in exchange for getting
out of detention.

Oscar Atadero, ProGay’s human rights officer, however said the repeal
of the anti-vagrancy law only partly addresses gross violations of
LGBT human rights, because Congress has yet to pass the
Anti-discrimination Law or House Bill 1483, filed by Bayan Muna Rep.
Teddy Casiño.

ProGay submitted a report to the UNHRC in Geneva in November 2011,
asking the UN to compel the Philippines to decriminalize vagrancy and
pass legislation to protect human rights based on sexual orientation
and gender identity. The UNHRC has increased its focus on LGBT rights.

Atadero pointed out that the Aquino administration must speed up its
compliance with the International Covenant on Civil and Political
Rights (ICCPR) sections that protect the rights of homosexual and
transgender Filipinos.

Copyright © 2009 Alipato Media Center Inc.