Dear Sirs,
We, the members and allies of Rainbow Rights Project, Inc., as concerned members and advocates of the Filipino lesbian, gay, bisexual, and transgender (LGBT) community, urge you to support the protection of LGBT people by voting for the restoration of the reference to sexual orientation in the UN resolution on extrajudicial executions and other unlawful killings on Monday, 20 December 2010, and to consider adding a reference to gender identity as well.
For ten years, this resolution has urged states to "to investigate promptly and thoroughly all killings, including... all killings committed for any discriminatory reason, including sexual orientation". Last month, we saw the amendment of this resolution which removed the reference to sexual orientation. Seventy-nine states voted to remove the reference, seventy opposed this removal, and forty-three states abstained. To our disappointment, the Philippines was one of the forty-three that abstained.
Please consider the following points:
1. While the Supreme Court ruled in April that the LGBT party, Ang Ladlad, could participate as a political party in the May 2010 elections, upholding the equal protection clause and recognizing that it represents a marginalized sector, there remains to be no declared state policy protecting Filipino LGBTs as a sector against violence, discrimination, harassment, and stigmatization.
2. In 2010, there were 11 documented cases of gender-motivated killings of LGBTs in the Philippines. But because of the non-existence of anti-hate crime laws, there are more that remain undocumented.
3. For over 12 years, we have been lobbying for the passage of the anti-discrimination bill which penalizes discrimination based on sexual orientation and gender identity to no avail. Even the UN Human Rights Committee has called our attention to this. Without this bill being passed into law, many LGBTs are denied employment, education, housing, and equal opportunities in civil society.
In his 2008 Report, Prof. Philip Alston, UN Special Rapporteur on Extrajudicial Killings recognized the widespread killings of activists in the Philippines. This was confirmed in Atty. Al Parreno’s Report on Extrajudicial Killings (2000-2010), which shows that most victims are members or officers of activist groups, killed everywhere in the country. There is also dismal result in the judicial process, with statistically only 1.05% conviction. In the President’s State of the Nation Address in 2010, he condemned extrajudicial killings, saying, “Pananagutin natin ang mga mamamatay-tao.” (We will make the murderers pay).
These facts, these statistics also include LGBTs. We are also targets; our murders are also unsolved. Please do consider that LGBTs are victims, too and their murderers also have to pay.
In light of the outright human rights violations based on sexual orientation and gender identity in the Philippines, to allow the removal of sexual orientation in the UN resolution on extrajudicial executions and killings to remain would be a serious detriment to our country and other countries where LGBTs are similarly unprotected by law.
On Monday, 20 December 2010, we urge the President to direct H.E. (Mr.) Libran N. Cabactulan, Philippine Permanent Representative to the UN on behalf of the Republic, to support the vote to restore sexual orientation as a basis of extrajudicial executions and unlawful killings at the United Nations General Assembly.
Angie Umbac, R-Rights
Thursday, January 13, 2011
Call Fr SOGI reps at HR Defenders Forum
Through Mdm. Margaret Sekkagya, UN Special Rapporteur on Human Rights Defenders and the 4th Regional Human Rights Defenders Forum:
We enjoin our respective governments to:
* Recognize sexual orientation and gender identity (SOGI) rights as legitimate human rights
* Undertake awareness-raising programs through education and the media, and through issuing appropriate policies, regulations and guidelines to promote, in a concrete and effective way, a balanced public understanding of the rights of people with diverse sexual orientations and gender identities;
* Protect the right of free association and expression of people of diverse sexual orientations and gender identities in an environment that is safe, secure, and free from threats and violence;
* Amend discriminatory laws, and enact legislations that promote human dignity and equality, and guarantee the full enjoyment of all human rights by people of diverse sexual orientations and gender identities;
* Fully comply with international human rights instruments, as well as the Yogyakarta Principles on the application on international human rights standard in relation to sexual orientation and gender identity;
* Guarantee the full participation of people with diverse orientations and gender identities in all spheres of life – whether social, legal, political, economic, educational, public health, media, traditional or cultural – in a non-discriminatory, equal and fair manner;
* Respect the right of people of diverse sexual orientations and gender identities to access to public services, establishments and housing, equal employment opportunities, education, right to organize, and medical and health services.
We call on our governments to prohibit:
* Forced medical/psychological examination;
* Violence and harassment including that committed by law enforcement officers;
* Stigmatization and discrimination on the basis of sex, gender, sexual orientation or gender identity;
* Using public morality, public security, and interpretations of traditions and religions to discriminate against people of diverse sexual orientations and gender identities or in any way impair their full enjoyment of all human rights.
Recommendations to all human rights defenders
We enjoin our colleagues, friends, and fellow human rights defenders to:
Acknowledge that LGBT activists and advocates are HRDs too, and are part of the human rights defenders network
* Recognize the special vulnerability of HRDs of SOGI because they are subject to the same risks of the LGBT Community whose rights and interests they are seeking to promote and protect
* Include the protection of the rights of people of diverse sexual orientations and gender identities in their Human Rights Action Plans;
* Disseminate UN Pronouncements and Resolutions that speak about sexual orientation and gender identity (SOGI), including popularizing the Yogyakarta Principles, as among their Human Rights information, education and communication materials;
* Advocate amongst Human Rights bodies and mechanisms to look beyond existing treaties and conventions, or current definitions of what constitutes a “marginalized” sector and instead recognize the unique situation of people of diverse sexual orientations and gender identities;
* Encourage more legal professionals and human rights experts to work in the field of sexual orientation law using the human rights framework and SOGI;
* Encourage and work for capacity building (all aspects of the defense of human rights) and enjoin the claimholders of rights to equip themselves with basic knowledge about law and human rights as a first line of defense;
* Recognize that SOGI is a crosscutting issue that is present in varied Human Rights concerns, and that people of diverse sexual orientation and gender identity are present and active in civil society organizations as human rights defenders;
* Create a safe environment within civil society organizations for colleagues of diverse sexual orientations and gender identities, and encourage them to speak up on SOGI-related issues;
* Survey areas of synergy to build alliance with lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) organizations in legislation advocacy;
* Invite inputs and participation from LGBTIQ organizations in shadow reporting (UPR, ICCPR, ICESCR, CEDAW, etc.);
* Ensure that national human rights institutions (NHRI) include SOGI issues and LGBTIQ organizations in their work.
We call on human rights defenders of diverse sexual orientations and gender identities to:
Map out allies in the recognition of SOGI rights among local, national, and regional organizations;
* Conduct regular meetings of national LGBTIQ network to identify strengths and weaknesses and areas of cooperation;
* Make individual and organizational security plans that consider the wellness and protection of human rights defenders.
We enjoin our respective governments to:
* Recognize sexual orientation and gender identity (SOGI) rights as legitimate human rights
* Undertake awareness-raising programs through education and the media, and through issuing appropriate policies, regulations and guidelines to promote, in a concrete and effective way, a balanced public understanding of the rights of people with diverse sexual orientations and gender identities;
* Protect the right of free association and expression of people of diverse sexual orientations and gender identities in an environment that is safe, secure, and free from threats and violence;
* Amend discriminatory laws, and enact legislations that promote human dignity and equality, and guarantee the full enjoyment of all human rights by people of diverse sexual orientations and gender identities;
* Fully comply with international human rights instruments, as well as the Yogyakarta Principles on the application on international human rights standard in relation to sexual orientation and gender identity;
* Guarantee the full participation of people with diverse orientations and gender identities in all spheres of life – whether social, legal, political, economic, educational, public health, media, traditional or cultural – in a non-discriminatory, equal and fair manner;
* Respect the right of people of diverse sexual orientations and gender identities to access to public services, establishments and housing, equal employment opportunities, education, right to organize, and medical and health services.
We call on our governments to prohibit:
* Forced medical/psychological examination;
* Violence and harassment including that committed by law enforcement officers;
* Stigmatization and discrimination on the basis of sex, gender, sexual orientation or gender identity;
* Using public morality, public security, and interpretations of traditions and religions to discriminate against people of diverse sexual orientations and gender identities or in any way impair their full enjoyment of all human rights.
Recommendations to all human rights defenders
We enjoin our colleagues, friends, and fellow human rights defenders to:
Acknowledge that LGBT activists and advocates are HRDs too, and are part of the human rights defenders network
* Recognize the special vulnerability of HRDs of SOGI because they are subject to the same risks of the LGBT Community whose rights and interests they are seeking to promote and protect
* Include the protection of the rights of people of diverse sexual orientations and gender identities in their Human Rights Action Plans;
* Disseminate UN Pronouncements and Resolutions that speak about sexual orientation and gender identity (SOGI), including popularizing the Yogyakarta Principles, as among their Human Rights information, education and communication materials;
* Advocate amongst Human Rights bodies and mechanisms to look beyond existing treaties and conventions, or current definitions of what constitutes a “marginalized” sector and instead recognize the unique situation of people of diverse sexual orientations and gender identities;
* Encourage more legal professionals and human rights experts to work in the field of sexual orientation law using the human rights framework and SOGI;
* Encourage and work for capacity building (all aspects of the defense of human rights) and enjoin the claimholders of rights to equip themselves with basic knowledge about law and human rights as a first line of defense;
* Recognize that SOGI is a crosscutting issue that is present in varied Human Rights concerns, and that people of diverse sexual orientation and gender identity are present and active in civil society organizations as human rights defenders;
* Create a safe environment within civil society organizations for colleagues of diverse sexual orientations and gender identities, and encourage them to speak up on SOGI-related issues;
* Survey areas of synergy to build alliance with lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) organizations in legislation advocacy;
* Invite inputs and participation from LGBTIQ organizations in shadow reporting (UPR, ICCPR, ICESCR, CEDAW, etc.);
* Ensure that national human rights institutions (NHRI) include SOGI issues and LGBTIQ organizations in their work.
We call on human rights defenders of diverse sexual orientations and gender identities to:
Map out allies in the recognition of SOGI rights among local, national, and regional organizations;
* Conduct regular meetings of national LGBTIQ network to identify strengths and weaknesses and areas of cooperation;
* Make individual and organizational security plans that consider the wellness and protection of human rights defenders.
Ladlad Hopes for Phil Vote on UN Reso Ending Violence vs LGBTs
Ang Ladlad LGBT Partylist (LADLAD) commends the Philippines’ Permanent Mission to the United Nations representative, Ambassador Libran Nuevas Cabactulan for making a statement at the Special Panel on Ending Violence and Criminal Sanctions against LGBTs last December 10, 2010. In citing the Philippine Supreme Court’s April 2010 decision on Ang Ladlad’s case vs. the COMELEC, Ambassador Cabactulan shared what the Highest Court in the land upheld as mandated in our Constitution, that we are all entitled to equal protection of the laws, including LGBTs.
But while the Supreme Court ruled that using moralistic and homophobic arguments to disqualify a truly marginalized sector like the LGBT Community from participating in the Party List system for sectoral representation in Congress was a grave injustice, ANGLADLAD believes the Philippine Government has yet to adopt a clear human rights framework that is inclusive of sexual minorities and explicitly addresses human rights violations on the basis of sexual orientation and gender identity (SOGI).
We remember that at the vote for amending the UN Resolution on Summary Executions and Arbitrary Killings a few weeks ago, the Philippines was one of the countries which “abstained”. The resulting 79-70 vote managed to remove a “10-year old provision” stating that no one should be summarily executed or arbitrarily killed because of one’s sexual orientation or gender identity. Such representation by the Philippines then was a big disappointment for the whole Filipino LGBT Community who know all too well the discrimination and violence one can be subjected to, including the risk of being killed in a hate crime.
LADLAD appreciates the clear move of the Philippine diplomatic missions to participate in UN panels on special human rights concerns. But we strongly enjoin the Philippine Government to finally have a national policy for protecting the rights of Filipino LGBTs and to pass appropriate legislations that will address our unique concerns. In fact, with the Philippines’ reputation of abiding by international human rights standards and complying with our obligations under human rights conventions, adopting such a national policy tackling sexual orientation and gender identity would not be contrary to any international human rights principle or our Constitution.
LADLAD only asks that the Philippine Government finally acknowledges the existence of the Filipino LGBT Community and that as sexual minorities, they have human rights entitled to State protection. During his campaign for the Presidency, PNoy was one of the candidates to openly declare that LGBTs have human rights too and should not be discriminated against. With President Aquino’s ascension to the country’s highest leadership, LADLAD now calls on this promise to be fulfilled through all branches of government.
But while the Supreme Court ruled that using moralistic and homophobic arguments to disqualify a truly marginalized sector like the LGBT Community from participating in the Party List system for sectoral representation in Congress was a grave injustice, ANGLADLAD believes the Philippine Government has yet to adopt a clear human rights framework that is inclusive of sexual minorities and explicitly addresses human rights violations on the basis of sexual orientation and gender identity (SOGI).
We remember that at the vote for amending the UN Resolution on Summary Executions and Arbitrary Killings a few weeks ago, the Philippines was one of the countries which “abstained”. The resulting 79-70 vote managed to remove a “10-year old provision” stating that no one should be summarily executed or arbitrarily killed because of one’s sexual orientation or gender identity. Such representation by the Philippines then was a big disappointment for the whole Filipino LGBT Community who know all too well the discrimination and violence one can be subjected to, including the risk of being killed in a hate crime.
LADLAD appreciates the clear move of the Philippine diplomatic missions to participate in UN panels on special human rights concerns. But we strongly enjoin the Philippine Government to finally have a national policy for protecting the rights of Filipino LGBTs and to pass appropriate legislations that will address our unique concerns. In fact, with the Philippines’ reputation of abiding by international human rights standards and complying with our obligations under human rights conventions, adopting such a national policy tackling sexual orientation and gender identity would not be contrary to any international human rights principle or our Constitution.
LADLAD only asks that the Philippine Government finally acknowledges the existence of the Filipino LGBT Community and that as sexual minorities, they have human rights entitled to State protection. During his campaign for the Presidency, PNoy was one of the candidates to openly declare that LGBTs have human rights too and should not be discriminated against. With President Aquino’s ascension to the country’s highest leadership, LADLAD now calls on this promise to be fulfilled through all branches of government.
Wednesday, January 12, 2011
RU(M)INATIONS
What does it mean
when my thoughts turn to you
lately, more often that before;
and I find myself wondering,
wishing...or regretting perhaps?
of things we can never have,
of things that will never be..
Indecision to blame, or
definite choices that only
proved to be fatal mistakes;
either way, lost chances and missed opportunities
make for bad circumstances that follow,
and which eventually
become one's horribly pathetic future...11/4/10
when my thoughts turn to you
lately, more often that before;
and I find myself wondering,
wishing...or regretting perhaps?
of things we can never have,
of things that will never be..
Indecision to blame, or
definite choices that only
proved to be fatal mistakes;
either way, lost chances and missed opportunities
make for bad circumstances that follow,
and which eventually
become one's horribly pathetic future...11/4/10
Flight
I see you now
as I knew her then
on the eve of life
worth two decades and a half
Brave, confident
full of plans and dreams;
vibrant in her youth!
But the years define us
much like how we are worlds apart;
You represent a promise, a future
as she once did..
Everything about you is exquisite pain -
a reminder of bittersweet memories and loves lost,
of things we once had, and of things
that can never be...12/23/10
as I knew her then
on the eve of life
worth two decades and a half
Brave, confident
full of plans and dreams;
vibrant in her youth!
But the years define us
much like how we are worlds apart;
You represent a promise, a future
as she once did..
Everything about you is exquisite pain -
a reminder of bittersweet memories and loves lost,
of things we once had, and of things
that can never be...12/23/10
Coffee (a poem)
COFFEE
Brown skin tapering over your slim, slight form
A simple demeanor that reflects an inspiring intellect
the disarming smile you evoke over red lips
charms me to no ends
Could you know what pleasure you give me
the warmth that engulfs my soul
with each gaze down those dark limpid pools
I drown my thoughts of you...
GPL 12/17/10
Brown skin tapering over your slim, slight form
A simple demeanor that reflects an inspiring intellect
the disarming smile you evoke over red lips
charms me to no ends
Could you know what pleasure you give me
the warmth that engulfs my soul
with each gaze down those dark limpid pools
I drown my thoughts of you...
GPL 12/17/10
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