With 30 votes in favour (India, Italy, Japan, Latvia, Malta, Mexico, Mongolia, Nicaragua, Norway, Peru, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, United Kingdom, United States, Venezuela, Argentina, Australia, Belgium, Canada, Chile, Ecuador, Estonia, Finland, France, Germany, Hungary), 13 against (Iraq, Morocco, Namibia, Pakistan, Qatar, Russia, Saudi Arabia, Senegal, Bangladesh, Cameroon, China, Egypt, Ghana) and 6 abstentions (Guatemala, Mauritius, Philipines, Rwanda, Bahamas, Ivory Coast), the UN Economic and Social Council (ECOSOC) granted today consultative status to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). ECOSOC consultative status allows NGOs to attend UN conferences and meetings, submit written statements and reports, make oral interventions, and host panels in UN buildings, thus representing a fundamental tool for an NGO like ILGA – with more than 750 member organisations in all continents – to do work on LGBTI human rights within the UN system.
ILGA was the first international LGBTI organisation to get ECOSOC consultative status in 1993, but lost it the following year due to the presence of groups advocating the abolition of laws of consent. ILGA has applied to regain the status ever since, following the expulsion of the above mentioned groups from its membership and after amending its constitution to state clearly its commitment against child abuse, but a small group of countries sponsoring homophobia had been able to influence the votes in the UN NGO Committee examining the applications for a long time. In the meantime, many ILGA members – like LBL Denmark, COC The Netherlands, FELGT Spain, LSVD Germany, ABGLT Brazil, IGLHRC US, and Ilga-Europe – were able to obtain the status by having the negative recommendation of the NGO Committee overturned in the ECOSOC Council, as it has happened in the case of ILGA today.
A special thanks goes to Belgium, for its relentless efforts in building a consensus around us, together with the United States and Argentina. We would like to thank also our member organisations which successfully lobbied their Governments on this occasion and all our allies for their support, in particular Arc-International in Geneva."
"Today we are celebrating – said co-Secretary General Gloria Careaga from Mexico City – but we are aware that there is a lot of work to do for us in the coming months. We are looking forward to working together with all our members, particularly those which also have the status, and our allies to advance LGBTI human rights in the UN bodies in the coming years, taking advantage of the very positive developments opened by the resolution presented by South Africa in the UN Human Rights Council last June."
Pedro Paradiso Sottile, Regional Secretary for ILGA LAC (Latin America and the Caribbean), also in Geneva for the occasion, said: "Granting ILGA consultative status is an act of justice and a reason for pride for the international community working for a world where human rights are truly respected without any discrimination. Our voices and our struggle for equality and freedom must reach every corner of the world, for differences in sexual orientation, gender identity and expression to be respected and protected by all States. We believe that the ECOSOC status will help all our activists around the world in this endeavour.”
Thursday, July 28, 2011
Hits and Misses: The Real Issues behind LGBT News
A few days ago, a colleague in the civil society movement congratulated me for all the media exposure the LGBT Community was getting. He said TV and print media not only “picked up” on our LGBT news, but we were able to “sustain” it on air for quite some time. For someone who worked on migrant workers rights, he certainly knows what he’s talking about; because even for them, whose issues should’ve been constant fodder for the news, it is still quite hard to get media coverage sometimes.
Once upon a time, I would have believed the saying too; that whether it’s good or bad publicity, it’s STILL publicity, after all. But as we have learned throughout the years, sometimes media can be so “irresponsible” as to hype up and make so controversial such a small thing. In addition, “traditional” media would not even attempt to be politically correct and even reinforce negative stereotypes about LGBTs because that is “what sells”.
In the past weeks, features on Boy Abunda’s public support for Ladlad, the spate of gay killings now being documented by the Philippine Hate Crime Watch led by Marlon and Reighben, and the Baguio Pride celebration of a mass same-sex wedding got so much media mileage. For my part, with a human interest story on Rated K and the development in New York allowing same-sex marriage, I was also given my 15 minutes of fame for the last weekend of June.
As Vice-Chairperson of Ladlad, I know first-hand about all the difficulties we went through campaigning for Ladlad in the past elections. Tito Boy coming out to support the Filipino LGBT Community through Ladlad LGBT Partylist was probably one of the best things that came out of our “loss”. Besides using his own popularity to give Ladlad the exposure it needs through his own TV shows, he has been providing us the necessary resources to do the groundwork early for 2013, like providing us an office/headquarters and donating the proceeds of one of his endorsements. What more, his coming out in the open and serving as Ladlad’s Senior Adviser, has given us more credibility as a legitimate sector entitled to representation in Congress, and other LGBTs around the country now know about Ladlad and are willing to support us as well.
Once or twice, Tito Boy has spoken about other LGBT issues too, like the gay killings for example. For many years, murders of gays have been reported, but there has never been sufficient attention given to it by authorities. Police were always dismissive of these cases and categorized them as “robberies gone wrong” or engagements with male sex workers (call boys) which led to “misunderstandings about the rate of services.” Families were known to avoid any focus on their kin’s homosexuality because of embarrassment, and this attitude leads to cases not being pursued. Police also discontinue their investigations and leave these murders unresolved. For the LGBT Community, this issue has been the major consideration for a proposed “hate crime” bill similar to what are being passed in the USA.
After the initial forum conducted at the Metropolitan Community Church-Quezon City, where Marlon presented his initial inventory, Rainbow Rights Project and Ladlad sponsored a special human rights violations documentation training at ISIS International as a follow-up activity. QTV 11’s Brigada featured gay killings in one of their episodes, while Philippine Graphic magazine also released a special issue on the subject matter. This even prompted Anti-Discrimination bill sponsor Rep. Teddy Casino to also pass a resolution in Congress to investigate such cases of violence against Filipino LGBTs.
Meanwhile, as part of their annual June Pride celebrations, Baguio Pride Network in cooperation with the different resident pastors of the Metropolitan Community Church (MCC) held a mass gay wedding for eight same-sex couples in Baguio City. Obviously, this exercise was meant to bring to light just one other issue of Filipino LGBTs, the societal recognition and acceptance of their partnerships as legitimate and valid couplings entitled to respect and legal protection.
It was a happy surprise that it got front page exposure in a broadsheet, but since Baguio City is notorious for its rather “vocal” clergy, the bishops overreacted again calling it immoral and “kadiri”. But what is more embarrassing for Baguio City besides revealing itself as an Anti-LGBT locality, was the fact that city officials and councillors likewise joined the bandwagon of negativity and started calling it “illegal” and that they will pass a resolution “banning” such activity in the future. There were even threats of censuring all the MCC pastors who officiated the said weddings.
They totally missed the point. While the activity clearly had some very serious reasons behind it, as the original intention of all those who participated in it, this event was also a “gimmick” of sorts. Maybe the local officials had “no sense of humor” about it, or the media was just being “helpful” for exposing it, but the message was sadly lost in all the controversy.
Rev.Ceejay was forced to answer the issues of illegality and immorality in all his interviews as a seeming knee-jerk reaction to the city officials’ and bishops’ homophobic and discriminatory statements. Time and again, he had to tackle the rather “irrelevant at this point” questions about the way LGBTs are and if we can still change and become straights.
As I said during my own interviews, people cannot say they accept us as LGBTs and yet deny us the right to love someone and take him/her as our life partner. It is not enough that they acknowledge us as LGBT individuals because who we actually love, and that is a person of the same sex, is the single important aspect that defines us. So the Catholic Church statement of “love the sinner and hate the sin”, which “accepts” us as LGBT people but prohibits us from “practicing such a lifestyle”, just wouldn’t work. It is our same-sex relationships that comprises our most unique self-expression of gender and sexuality.
With the bishops spouting cries of ”immorality” once again, they seem not to get it through their thick skulls that nobody really cares about them imposing their Catholic self-righteousness on every Filipino, what with sexual harassment and child abuse cases within their ranks. Not every Filipino is Catholic after all, so they cannot claim to be the vanguards of morality for the whole country. Besides, there is also such a principle as “separation of State and Church” in our Constitution which they seem to have a penchant for violating. Talk about violating the laws of the land!
As for the alleged “illegality” of the same-sex wedding, nobody claimed it was “legal” after all. The pastors and the couples present there were all aware the ceremony would have no legal consequences whatsoever and never made representations to the contrary. The Holy Union wouldn’t need to be registered with the local civil registrar or NSO, and no one would get to change their civil status or legal surnames. But these couples were still willing to do their commitment ceremony publicly for the acknowledgement of their family and friends even if the greater majority of society doesn’t appreciate it. This was the real message that was the meant for the media to make noise about - why same-sex partners want their relationships recognized and respected so badly.
But hope springs eternal. Philippine media can still prove itself a supportive ally of the Filipino LGBT Community.
Once upon a time, I would have believed the saying too; that whether it’s good or bad publicity, it’s STILL publicity, after all. But as we have learned throughout the years, sometimes media can be so “irresponsible” as to hype up and make so controversial such a small thing. In addition, “traditional” media would not even attempt to be politically correct and even reinforce negative stereotypes about LGBTs because that is “what sells”.
In the past weeks, features on Boy Abunda’s public support for Ladlad, the spate of gay killings now being documented by the Philippine Hate Crime Watch led by Marlon and Reighben, and the Baguio Pride celebration of a mass same-sex wedding got so much media mileage. For my part, with a human interest story on Rated K and the development in New York allowing same-sex marriage, I was also given my 15 minutes of fame for the last weekend of June.
As Vice-Chairperson of Ladlad, I know first-hand about all the difficulties we went through campaigning for Ladlad in the past elections. Tito Boy coming out to support the Filipino LGBT Community through Ladlad LGBT Partylist was probably one of the best things that came out of our “loss”. Besides using his own popularity to give Ladlad the exposure it needs through his own TV shows, he has been providing us the necessary resources to do the groundwork early for 2013, like providing us an office/headquarters and donating the proceeds of one of his endorsements. What more, his coming out in the open and serving as Ladlad’s Senior Adviser, has given us more credibility as a legitimate sector entitled to representation in Congress, and other LGBTs around the country now know about Ladlad and are willing to support us as well.
Once or twice, Tito Boy has spoken about other LGBT issues too, like the gay killings for example. For many years, murders of gays have been reported, but there has never been sufficient attention given to it by authorities. Police were always dismissive of these cases and categorized them as “robberies gone wrong” or engagements with male sex workers (call boys) which led to “misunderstandings about the rate of services.” Families were known to avoid any focus on their kin’s homosexuality because of embarrassment, and this attitude leads to cases not being pursued. Police also discontinue their investigations and leave these murders unresolved. For the LGBT Community, this issue has been the major consideration for a proposed “hate crime” bill similar to what are being passed in the USA.
After the initial forum conducted at the Metropolitan Community Church-Quezon City, where Marlon presented his initial inventory, Rainbow Rights Project and Ladlad sponsored a special human rights violations documentation training at ISIS International as a follow-up activity. QTV 11’s Brigada featured gay killings in one of their episodes, while Philippine Graphic magazine also released a special issue on the subject matter. This even prompted Anti-Discrimination bill sponsor Rep. Teddy Casino to also pass a resolution in Congress to investigate such cases of violence against Filipino LGBTs.
Meanwhile, as part of their annual June Pride celebrations, Baguio Pride Network in cooperation with the different resident pastors of the Metropolitan Community Church (MCC) held a mass gay wedding for eight same-sex couples in Baguio City. Obviously, this exercise was meant to bring to light just one other issue of Filipino LGBTs, the societal recognition and acceptance of their partnerships as legitimate and valid couplings entitled to respect and legal protection.
It was a happy surprise that it got front page exposure in a broadsheet, but since Baguio City is notorious for its rather “vocal” clergy, the bishops overreacted again calling it immoral and “kadiri”. But what is more embarrassing for Baguio City besides revealing itself as an Anti-LGBT locality, was the fact that city officials and councillors likewise joined the bandwagon of negativity and started calling it “illegal” and that they will pass a resolution “banning” such activity in the future. There were even threats of censuring all the MCC pastors who officiated the said weddings.
They totally missed the point. While the activity clearly had some very serious reasons behind it, as the original intention of all those who participated in it, this event was also a “gimmick” of sorts. Maybe the local officials had “no sense of humor” about it, or the media was just being “helpful” for exposing it, but the message was sadly lost in all the controversy.
Rev.Ceejay was forced to answer the issues of illegality and immorality in all his interviews as a seeming knee-jerk reaction to the city officials’ and bishops’ homophobic and discriminatory statements. Time and again, he had to tackle the rather “irrelevant at this point” questions about the way LGBTs are and if we can still change and become straights.
As I said during my own interviews, people cannot say they accept us as LGBTs and yet deny us the right to love someone and take him/her as our life partner. It is not enough that they acknowledge us as LGBT individuals because who we actually love, and that is a person of the same sex, is the single important aspect that defines us. So the Catholic Church statement of “love the sinner and hate the sin”, which “accepts” us as LGBT people but prohibits us from “practicing such a lifestyle”, just wouldn’t work. It is our same-sex relationships that comprises our most unique self-expression of gender and sexuality.
With the bishops spouting cries of ”immorality” once again, they seem not to get it through their thick skulls that nobody really cares about them imposing their Catholic self-righteousness on every Filipino, what with sexual harassment and child abuse cases within their ranks. Not every Filipino is Catholic after all, so they cannot claim to be the vanguards of morality for the whole country. Besides, there is also such a principle as “separation of State and Church” in our Constitution which they seem to have a penchant for violating. Talk about violating the laws of the land!
As for the alleged “illegality” of the same-sex wedding, nobody claimed it was “legal” after all. The pastors and the couples present there were all aware the ceremony would have no legal consequences whatsoever and never made representations to the contrary. The Holy Union wouldn’t need to be registered with the local civil registrar or NSO, and no one would get to change their civil status or legal surnames. But these couples were still willing to do their commitment ceremony publicly for the acknowledgement of their family and friends even if the greater majority of society doesn’t appreciate it. This was the real message that was the meant for the media to make noise about - why same-sex partners want their relationships recognized and respected so badly.
But hope springs eternal. Philippine media can still prove itself a supportive ally of the Filipino LGBT Community.
Tuesday, July 12, 2011
Ladlad for RH
Ladlad Party List, a national organization of lesbian, gay, bisexual and transgender (LGBT) Filipinos, supports the immediate passage of the Reproductive Health Bill. Ladlad decries that this legislative measure has languished too long in the halls of Congress and believes that it should be given utmost priority when Congress reopens on July 25, 2011.
The lack of information and services on reproductive and sexual health has resulted to young people and adolescents engaging in unsafe sexual activities that put them at risk of early pregnancy and sexually-transmitted infections (STI), including HIV; mothers needlessly dying due to unplanned pregnancies that lead to unsafe abortions; and a ballooning population that is increasingly unable to enjoy even the most basic of social and economic services.
Ladlad believes that all Filipinos, particularly young people, should have access to accurate, age-appropriate and evidence-based sexuality education. This will enable them to make informed and responsible choices about their sexual and reproductive health, without guilt, shame or fear. For LGBT Filipinos, this is essential, given the deep-seated issues of self-hate and internalized homophobia that result from their lack of access to information and education on sexuality. Ladlad also upholds the need for accessible, affordable and sustained sexual and reproductive health services for both women and men, particularly those in their reproductive ages. This includes LGBTs, some of whom actually have or plan to have children.
Ladlad, however, is particularly alarmed by the actions of the Catholic Church hierarchy, particularly the vigorous opposition it has waged against the RH Bill. The current discourse on the RH Bill has been clouded by too much misinformation and mis-education about the issues, and neither reason nor rationality is employed in many of the arguments against it. One example is the insistence of the Catholic Church that condom use has led to increased cases of HIV. Such a statement conveniently ignores scientific evidence confirmed by the World Health Organization (WHO) that condoms, when used correctly and consistently, are 98% effective in barring HIV infection and other STIs. Access to condoms can help in staving off the alarming rise of HIV cases among men who have sex with men (MSM) in the Philippines, which has now risen to five new infections per day.
This religious opposition to the RH Bill is akin to the “moralistic”, prejudiced and bigoted actions that the members of the COMELEC’s Second Division manifested in their decision to deny Ladlad’s accreditation for Party List representation. Fortunately, an enlightened and rational Supreme Court affirmed the principle of separation of the church and state and upheld Ladlad’s right to representation and the recognition of LGBTs as a marginalized sector.
Ladlad is pro-life, pro-choice and pro-rights. We believe that all people, regardless of their sexual orientation and gender identity, should be able to make informed and responsible decisions on matters concerning their bodies and sexuality. We uphold the right of all people to quality life and a dignified existence. Pass the RH Bill Now!
The lack of information and services on reproductive and sexual health has resulted to young people and adolescents engaging in unsafe sexual activities that put them at risk of early pregnancy and sexually-transmitted infections (STI), including HIV; mothers needlessly dying due to unplanned pregnancies that lead to unsafe abortions; and a ballooning population that is increasingly unable to enjoy even the most basic of social and economic services.
Ladlad believes that all Filipinos, particularly young people, should have access to accurate, age-appropriate and evidence-based sexuality education. This will enable them to make informed and responsible choices about their sexual and reproductive health, without guilt, shame or fear. For LGBT Filipinos, this is essential, given the deep-seated issues of self-hate and internalized homophobia that result from their lack of access to information and education on sexuality. Ladlad also upholds the need for accessible, affordable and sustained sexual and reproductive health services for both women and men, particularly those in their reproductive ages. This includes LGBTs, some of whom actually have or plan to have children.
Ladlad, however, is particularly alarmed by the actions of the Catholic Church hierarchy, particularly the vigorous opposition it has waged against the RH Bill. The current discourse on the RH Bill has been clouded by too much misinformation and mis-education about the issues, and neither reason nor rationality is employed in many of the arguments against it. One example is the insistence of the Catholic Church that condom use has led to increased cases of HIV. Such a statement conveniently ignores scientific evidence confirmed by the World Health Organization (WHO) that condoms, when used correctly and consistently, are 98% effective in barring HIV infection and other STIs. Access to condoms can help in staving off the alarming rise of HIV cases among men who have sex with men (MSM) in the Philippines, which has now risen to five new infections per day.
This religious opposition to the RH Bill is akin to the “moralistic”, prejudiced and bigoted actions that the members of the COMELEC’s Second Division manifested in their decision to deny Ladlad’s accreditation for Party List representation. Fortunately, an enlightened and rational Supreme Court affirmed the principle of separation of the church and state and upheld Ladlad’s right to representation and the recognition of LGBTs as a marginalized sector.
Ladlad is pro-life, pro-choice and pro-rights. We believe that all people, regardless of their sexual orientation and gender identity, should be able to make informed and responsible decisions on matters concerning their bodies and sexuality. We uphold the right of all people to quality life and a dignified existence. Pass the RH Bill Now!
Baguio Pride on Anti-LGBT City Council Resolutions
POSITION PAPER OF THE BAGUIO PRIDE NETWORK SUBMITTED TO THE BAGUIO CITY COUNCIL
RE: Proposed Resolutions denouncing and prohibiting the conduct of same sex unions
in the City of Baguio and for the Conduct of an Investigation by the National
Bureau of Investigation and the Baguio City Police Office regarding the conduct
of same-sex unions.
I. BACKGROUND:
The Baguio Pride Network (BPN) is an alliance of the different LGBT (Lesbian, Gay, Bisexual and Transgender) groups/organizations, advocates and individuals in Metro Baguio. Every year, the BPN celebrates June as pride month and conducts different activities in celebration thereof; some of which are Libreng Gupit conducted at the Baguio City Jail, the Silungan Center of the DSWD, the Peoples Park and at the La Trinidad Municipal Plaza; Tree planting and clearing activities at the Pride Park at Busol Water Shed; Relief Operations during calamities; Pride Religious Services conducted by one of its members, the Metropolitan Community Church of Metro Baguio (MCC); Educational Forums re: LGBT issues at the different colleges and universities in the city and lastly the yearly Pride Parade.
As part of the 2011 Pride Celebration, the MCC conducted the Pride Religious Service with the celebration of the Holy Union of 8 same sex couples. Such ceremony has drawn mixed reactions from the public. Members of the church hierarchy and the ecumenical community had condemn the act and some had made discriminatory statements against those involved in the Holy Union branding them as “abnormal”, “mentally ill”, “kadiri” and a pastor-announcer at Z-Radio Station called them as, “mga kampon ni satanas” and the event as “gawain ng demonyo”.
The City Mayor was “ashamed” that the event occurred in the City of Baguio. Other politicians/lawyers also joined the band wagon and stated that criminal cases can be filed against the persons involved in the said event.
II. POSITION:
The LGBT community of Baguio City through the Baguio Pride Network denounces the passage of the proposed Resolutions for being discriminatory and prejudicial and in violation of the human rights of the LGBT community.
It is the position of the Baguio Pride Network that the Proposed Resolutions of Councilor Weygan and Councilor Bilog be ABANDONED and that the Rights of the LGBT community be respected and upheld as provided under the Equal Protection Clause of the Constitution and the UN International Covenant on the Civil and Political Rights.
III. ARGUMENTS IN SUPPORT OF THE POSITION:
a. Deliberating on the matter of whether or not to denounce and prohibit the conduct of same sex union in the City and for the NBI and the BCPO to conduct an investigation regarding the same sex union ceremonies is a violation of the INVIOLABLE SEPARATION OF THE CHURCH AND STATE as enshrined in Article II, Section 6 and Article III, section 5 of the Philippine Constitution.
ARTICLE II, SEC. 6. Philippine Constitution
“The Separation of Church and State shall be inviolable”
Article III, Section 5 Philippine Constitution
“No law shall be made respecting as establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights”
First in the agenda is the issue as to whether or not the “Holy Union” ceremony conducted by the MCC is a “Marriage Ceremony” falling within the legal definition of the Family Code.
While some groups/individuals have used the words “Holy Union” and “marriage” interchangeably, the MCC and the Baguio Pride Network maintains that the Holy Union ceremony conducted is a Religious Ceremony and not a marriage ceremony as understood under the law.
Nowhere was it claimed by the MCC or the BPN that the Holy Union ceremony is the same as the marriage under the Family Code. In fact it was explained in the MCC website that the Holy Union ceremonies are conducted as “Blessing” ceremonies. It was for same sex couples who wished to have their “commitment, union” blessed by the Church through the MCC.
It was explained in the pre-Holy Union Counseling of the same-sex couples and in the media guidelines before the conduct of the Holy Union that the ceremony has no legal effect and that the gender and civil status of those involved will not change. Further, it was made crystal clear to the couples and those present that the Holy Union is not the same as the “marriage” under the law. The personalities involved in the “same-sex” weddings are not ignorant of the fact that there are no laws in the Philippinesrecognizing same sex marriage.
With these facts, it is logically obvious that the City Council cannot and should not meddle in the affairs of the Religious for it will be in violation of the Constitution.
The state, in the personality of the City Council, cannot intrude into the affairs of a religion and question its
religious ceremonies. The only exemption is in the exercise of the state’s Police Power where the welfare of the general public is at stake. In this case, no harm was committed on the welfare of the public, neither were there laws
which were violated by the conduct of the ceremony.
In saying that the City’s tourism is at stake or that the city’s reputation as a “Character” City is being trampled
upon by the conduct of the Holy Union is baseless and flawed.
During the BPN Pride parade alone, local tourists from mainly Metro Manila came to Baguio to celebrate with us. If not for the rains and road conditions during that time, a number of visitors from the Cordillera Region would have joined the festivities. The annual Baguio Pride Celebrations attracts a lot of tourists, local and foreign; hence we should not be blamed if ever the number of tourists in the City is at its low.
As to the City’s dampened reputation as a “Character” City, what does this mean? By implication, is the LGBT
community being judged as immorals and depraved individuals?
It must be noted that this proposed resolution is being pushed in the council by members of the church and the
ecumenical communities of Metro Baguio due to their religious beliefs that belonging to the LGBT community is a sin and all actions due to being an LGBT is also a sin.
While the LGBT respect their right to such belief, though discriminatory and derogatory, we encourage them to
likewise have respect for LGBT rights and freedom.
This issue here is a religious one where the City Council should not act on; otherwise the body might be accused of supporting the religious beliefs of a sect and denouncing another.
On the resolution pushing for an investigation, the BPN submits that the proposed resolution is also prejudicial
and discriminatory for the reason that it specifically targets the LGBT community, exposing them to an investigation where none is needed.
The BPN ask of the Honorable Council to think twice if it wants to subject the persons involved in the Holy Union ceremony to an investigation. The MCC never claimed the ceremony to be a marriage under the law so why is there a need to investigate? It is the claim of Honorable Bilog that it is needed in order to determine whether or not a
marriage, in the legal sense was conducted or a Holy Union. The MCC and the BPN insists that the “Holy Union” is a religious rite and should not be trampled upon by an investigation. The LGBTs in this issue calls on the City Council for
equal protection of all its citizens under the law. The persons involved have not violated any law in the conduct of the ceremony so why conduct an investigation at all?
b. Approving the proposed resolutions is a violation of the Equal Protection Clause of the Philippine Constitution and the International Covenant on Civil and Political Rights (ICCPR)to which the Republic of the Philippines is a signatory
Article 2, par. 1, ICCPR
“Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Article 26, ICCPR
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
In the above-cited articles, “sex” was established to include “sexual orientation” (Toonen vs. Australia, 1994, Human Rights Committee decision)
Under the covenant and the decision in the Toonen case, the Human Rights Committee of the United Nations declared that Human Rights Law prohibits discrimination based on sexual orientation.
The proposed resolutions of denouncing and prohibiting the conduct of same sex unions in the City and for the NBI and the BCPO to conduct an investigation regarding the same sex union ceremony are very alarming indicia of homophobia in the City, whose passage will definitely violate human rights of the LGBTs in the City.
III. MISCELLANEOUS ISSUES:
It was noted by the LGBT people present during the City Council’s Monday Session that pictures of same sex
couples kissing after the Holy Union were enlarged and were being shown to the Council and the Public at large. It was vividly explained by the members of the ecumenical community that they did not want such pictures in newspapers for it trudges on their sensibilities as Christians. However they find such pictures is no business of ours but they are barking at the wrong tree here. Neither the BPN nor the MCC had caused the printing and publication of these pictures in the newspapers; neither do they have power to censor the media.
The MCC was also accused of purposely soliciting media coverage for the event. This is not the case at all, the MCC and the Baguio Pride Network solicits media coverage in all Baguio Pride Activities, not just the Holy Union. When we conduct “Libreng Gupit”, we invite the media, during the Baguio Pride Parade on the 26th of June 2011, we also invited the media. Hence, the accusation that the solicitation of the media was purposely made for that particular event is but a falsity.
As to the claim of Atty. Bangsoy that the Holy Union ceremony was a “carefully crafted political statement” followed by a rally pushing for the passage of House Bill 1483. We don’t know where his facts came from.
The Baguio Pride Network would like to reiterate the following facts:
1. The BPN conducts an ANNUAL Pride celebration in the City of Baguio every June;
2. The month-long celebration includes activities by member organizations/groups/individuals; herein includes libreng gupit, educational forums on LGBT issues and concerns, tree planting/cleaning of Pride Park at the Busol Water Shed, MCC religious services, fund raising activities and lastly, the Pride Parade;
The Holy Union ceremony conducted by the MCC is part of the Baguio Pride Celebration, so was the Pride Parade, there was no rally to talk about here. We conduct our Baguio Pride Celebration every year in the month of June, in commemoration with the Stone Wall Riot in New York City.
While it is true that the BPN supports the passage of House Bill 1483 (Anti Discrimination Bill), it cannot be said
that the whole 2011 pride event is about the house bill. It is ridiculous and far fetched to conclude that. The Baguio Pride Network had annually celebrated Baguio Pride for 5 years now.
The LGBT community, through the Baguio Pride Network respectfully asks of the Honorable City Council to abandon the resolutions forwarded by Honorable Councilors Weygan and Bilog for the reasons discussed above.
SIGNED:
LESBOND
MCC-MB
TACSI
PROGAY-MB
INNABUYOG-GABRIELA
CWEARC
Copy Furnished:
Vice Mayor D. Farinas
Councilor Pinky Chan-Rondez
Councilor Betty Lourdes Tabanda
Councilor P. Cosalan
Councilor P. Weygan
Councilor E. Balajadia
Councilor E. Bilog
Councilor D. Carino
Councilor N. Aliping
Councilor F. Bagbagen
Councilor J. Alangsab
Councilor P. Fianza
Councilor E. Datuin
RE: Proposed Resolutions denouncing and prohibiting the conduct of same sex unions
in the City of Baguio and for the Conduct of an Investigation by the National
Bureau of Investigation and the Baguio City Police Office regarding the conduct
of same-sex unions.
I. BACKGROUND:
The Baguio Pride Network (BPN) is an alliance of the different LGBT (Lesbian, Gay, Bisexual and Transgender) groups/organizations, advocates and individuals in Metro Baguio. Every year, the BPN celebrates June as pride month and conducts different activities in celebration thereof; some of which are Libreng Gupit conducted at the Baguio City Jail, the Silungan Center of the DSWD, the Peoples Park and at the La Trinidad Municipal Plaza; Tree planting and clearing activities at the Pride Park at Busol Water Shed; Relief Operations during calamities; Pride Religious Services conducted by one of its members, the Metropolitan Community Church of Metro Baguio (MCC); Educational Forums re: LGBT issues at the different colleges and universities in the city and lastly the yearly Pride Parade.
As part of the 2011 Pride Celebration, the MCC conducted the Pride Religious Service with the celebration of the Holy Union of 8 same sex couples. Such ceremony has drawn mixed reactions from the public. Members of the church hierarchy and the ecumenical community had condemn the act and some had made discriminatory statements against those involved in the Holy Union branding them as “abnormal”, “mentally ill”, “kadiri” and a pastor-announcer at Z-Radio Station called them as, “mga kampon ni satanas” and the event as “gawain ng demonyo”.
The City Mayor was “ashamed” that the event occurred in the City of Baguio. Other politicians/lawyers also joined the band wagon and stated that criminal cases can be filed against the persons involved in the said event.
II. POSITION:
The LGBT community of Baguio City through the Baguio Pride Network denounces the passage of the proposed Resolutions for being discriminatory and prejudicial and in violation of the human rights of the LGBT community.
It is the position of the Baguio Pride Network that the Proposed Resolutions of Councilor Weygan and Councilor Bilog be ABANDONED and that the Rights of the LGBT community be respected and upheld as provided under the Equal Protection Clause of the Constitution and the UN International Covenant on the Civil and Political Rights.
III. ARGUMENTS IN SUPPORT OF THE POSITION:
a. Deliberating on the matter of whether or not to denounce and prohibit the conduct of same sex union in the City and for the NBI and the BCPO to conduct an investigation regarding the same sex union ceremonies is a violation of the INVIOLABLE SEPARATION OF THE CHURCH AND STATE as enshrined in Article II, Section 6 and Article III, section 5 of the Philippine Constitution.
ARTICLE II, SEC. 6. Philippine Constitution
“The Separation of Church and State shall be inviolable”
Article III, Section 5 Philippine Constitution
“No law shall be made respecting as establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights”
First in the agenda is the issue as to whether or not the “Holy Union” ceremony conducted by the MCC is a “Marriage Ceremony” falling within the legal definition of the Family Code.
While some groups/individuals have used the words “Holy Union” and “marriage” interchangeably, the MCC and the Baguio Pride Network maintains that the Holy Union ceremony conducted is a Religious Ceremony and not a marriage ceremony as understood under the law.
Nowhere was it claimed by the MCC or the BPN that the Holy Union ceremony is the same as the marriage under the Family Code. In fact it was explained in the MCC website that the Holy Union ceremonies are conducted as “Blessing” ceremonies. It was for same sex couples who wished to have their “commitment, union” blessed by the Church through the MCC.
It was explained in the pre-Holy Union Counseling of the same-sex couples and in the media guidelines before the conduct of the Holy Union that the ceremony has no legal effect and that the gender and civil status of those involved will not change. Further, it was made crystal clear to the couples and those present that the Holy Union is not the same as the “marriage” under the law. The personalities involved in the “same-sex” weddings are not ignorant of the fact that there are no laws in the Philippinesrecognizing same sex marriage.
With these facts, it is logically obvious that the City Council cannot and should not meddle in the affairs of the Religious for it will be in violation of the Constitution.
The state, in the personality of the City Council, cannot intrude into the affairs of a religion and question its
religious ceremonies. The only exemption is in the exercise of the state’s Police Power where the welfare of the general public is at stake. In this case, no harm was committed on the welfare of the public, neither were there laws
which were violated by the conduct of the ceremony.
In saying that the City’s tourism is at stake or that the city’s reputation as a “Character” City is being trampled
upon by the conduct of the Holy Union is baseless and flawed.
During the BPN Pride parade alone, local tourists from mainly Metro Manila came to Baguio to celebrate with us. If not for the rains and road conditions during that time, a number of visitors from the Cordillera Region would have joined the festivities. The annual Baguio Pride Celebrations attracts a lot of tourists, local and foreign; hence we should not be blamed if ever the number of tourists in the City is at its low.
As to the City’s dampened reputation as a “Character” City, what does this mean? By implication, is the LGBT
community being judged as immorals and depraved individuals?
It must be noted that this proposed resolution is being pushed in the council by members of the church and the
ecumenical communities of Metro Baguio due to their religious beliefs that belonging to the LGBT community is a sin and all actions due to being an LGBT is also a sin.
While the LGBT respect their right to such belief, though discriminatory and derogatory, we encourage them to
likewise have respect for LGBT rights and freedom.
This issue here is a religious one where the City Council should not act on; otherwise the body might be accused of supporting the religious beliefs of a sect and denouncing another.
On the resolution pushing for an investigation, the BPN submits that the proposed resolution is also prejudicial
and discriminatory for the reason that it specifically targets the LGBT community, exposing them to an investigation where none is needed.
The BPN ask of the Honorable Council to think twice if it wants to subject the persons involved in the Holy Union ceremony to an investigation. The MCC never claimed the ceremony to be a marriage under the law so why is there a need to investigate? It is the claim of Honorable Bilog that it is needed in order to determine whether or not a
marriage, in the legal sense was conducted or a Holy Union. The MCC and the BPN insists that the “Holy Union” is a religious rite and should not be trampled upon by an investigation. The LGBTs in this issue calls on the City Council for
equal protection of all its citizens under the law. The persons involved have not violated any law in the conduct of the ceremony so why conduct an investigation at all?
b. Approving the proposed resolutions is a violation of the Equal Protection Clause of the Philippine Constitution and the International Covenant on Civil and Political Rights (ICCPR)to which the Republic of the Philippines is a signatory
Article 2, par. 1, ICCPR
“Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Article 26, ICCPR
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
In the above-cited articles, “sex” was established to include “sexual orientation” (Toonen vs. Australia, 1994, Human Rights Committee decision)
Under the covenant and the decision in the Toonen case, the Human Rights Committee of the United Nations declared that Human Rights Law prohibits discrimination based on sexual orientation.
The proposed resolutions of denouncing and prohibiting the conduct of same sex unions in the City and for the NBI and the BCPO to conduct an investigation regarding the same sex union ceremony are very alarming indicia of homophobia in the City, whose passage will definitely violate human rights of the LGBTs in the City.
III. MISCELLANEOUS ISSUES:
It was noted by the LGBT people present during the City Council’s Monday Session that pictures of same sex
couples kissing after the Holy Union were enlarged and were being shown to the Council and the Public at large. It was vividly explained by the members of the ecumenical community that they did not want such pictures in newspapers for it trudges on their sensibilities as Christians. However they find such pictures is no business of ours but they are barking at the wrong tree here. Neither the BPN nor the MCC had caused the printing and publication of these pictures in the newspapers; neither do they have power to censor the media.
The MCC was also accused of purposely soliciting media coverage for the event. This is not the case at all, the MCC and the Baguio Pride Network solicits media coverage in all Baguio Pride Activities, not just the Holy Union. When we conduct “Libreng Gupit”, we invite the media, during the Baguio Pride Parade on the 26th of June 2011, we also invited the media. Hence, the accusation that the solicitation of the media was purposely made for that particular event is but a falsity.
As to the claim of Atty. Bangsoy that the Holy Union ceremony was a “carefully crafted political statement” followed by a rally pushing for the passage of House Bill 1483. We don’t know where his facts came from.
The Baguio Pride Network would like to reiterate the following facts:
1. The BPN conducts an ANNUAL Pride celebration in the City of Baguio every June;
2. The month-long celebration includes activities by member organizations/groups/individuals; herein includes libreng gupit, educational forums on LGBT issues and concerns, tree planting/cleaning of Pride Park at the Busol Water Shed, MCC religious services, fund raising activities and lastly, the Pride Parade;
The Holy Union ceremony conducted by the MCC is part of the Baguio Pride Celebration, so was the Pride Parade, there was no rally to talk about here. We conduct our Baguio Pride Celebration every year in the month of June, in commemoration with the Stone Wall Riot in New York City.
While it is true that the BPN supports the passage of House Bill 1483 (Anti Discrimination Bill), it cannot be said
that the whole 2011 pride event is about the house bill. It is ridiculous and far fetched to conclude that. The Baguio Pride Network had annually celebrated Baguio Pride for 5 years now.
The LGBT community, through the Baguio Pride Network respectfully asks of the Honorable City Council to abandon the resolutions forwarded by Honorable Councilors Weygan and Bilog for the reasons discussed above.
SIGNED:
LESBOND
MCC-MB
TACSI
PROGAY-MB
INNABUYOG-GABRIELA
CWEARC
Copy Furnished:
Vice Mayor D. Farinas
Councilor Pinky Chan-Rondez
Councilor Betty Lourdes Tabanda
Councilor P. Cosalan
Councilor P. Weygan
Councilor E. Balajadia
Councilor E. Bilog
Councilor D. Carino
Councilor N. Aliping
Councilor F. Bagbagen
Councilor J. Alangsab
Councilor P. Fianza
Councilor E. Datuin
2011 Natl LGBT Conference
The official statement of participants representing forty-six (46) LGBT groups in the Philippines from Luzon, Visayas, Mindanao and the National Capital Region during the Philippine National LGBT Conference, "Forging Unity Towards the Recognition of LGBT Human Rights in the Philippines” on June 3 – 5, 2011 at Cavite, Philippines.
For years we, the lesbian, gay, bisexuals and transgender (LGBT) groups in the Philippines, have always pushed forward the agenda of equality and respect from mainstream society and have been clamoring for due diligence from the government specifically for the passage of laws that will protect the rights of all people regardless of sexual orientation and gender identity (SOGI).
LGBT groups have held on to the promise and dream of every LGBT person in the Philippines: to live a life of dignity and respect, free from discrimination and violence.
Through the passion and commitment of LGBT groups to promote and protect LGBT rights, there has been significant progress in the different aspects of LGBT people’s lives in the Philippines. However, the dominant patriarchal and heterosexist ideologies that pervade the society, and the legal, cultural and religious taboos, that they have ingrained has made it more challenging for LGBT groups to fully realize the equality agenda.
Despite the growing tolerance towards LGBT people, acceptance is still yet to be achieved. LGBT persons in the Philippines still face violence and discrimination from the family, from civil society organizations, from medical and health institutions, in schools, in employment and from the government. We have been kicked out of our homes. We have been bullied at school. We have been denied basic privileges at work. We have been barred from establishments and ridiculed in public places. We have been denied the opportunity to participate in legislation. All these we experience because we do not conform to gender norms dictated by society, a society that is a witness to the worsening situation of violence against our ranks. Ours is a society that allows the media to perpetuate stereotypes. Ours is a society that doesn't take seriously the rising number of hate crimes being reported – thereby tolerating impunity. But at the end of the day, this is still our society so we will demand of it what is rightfully ours.
We now come together to stop this oppression. We come together to remind our government that we, as a marginalized community, as guided by the Yogyakarta Principles, are protected by international treaties and conventions the Philippine government has ratified such as the OPICESCR, OPICCPR, CEDAW, CRC, and the Magna Carta of Women.
We demand from the government to protect and promote the human right of all people regardless of SOGI by:
• Passing laws that protect and promote the rights of LGBT people, particularly the anti-discrimination bill that has been languishing in Philippines Congress for the past eleven (11) years and other laws such as the Gender Recognition Law and Anti-hate Crime Law.
• Repealing anti-LGBT policies such as the Vagrancy Act, and reviewing and monitoring of application of ordinances and national laws used indiscriminately against LGBT people, such as anti-kidnapping and anti-trafficking laws..
We come together unified in our commitment to continue working for LGBT rights in the Philippines as guided by the Philippine National LGBT agenda that is comprised of the following strategies:
1. To do human rights research and documentation, particularly to hold documentation training and workshops, to research on violence and hate crime and consolidate researches in communities to come up with a documentation handbook and an annual Human Rights Status Report;
2. To provide services which include Spiritual, Health, Psycho-social support for the LGBT individuals and communities;
3. To conduct a comprehensive information campaign about SOGI to civil society, mainstream LGBT community, and LGBT groups;
4.To implement resource mobilization that would maintain the work and services of LGBT groups and the emergence of new groups doing LGBT human rights work;
5. To work on Community Organizing and Alliance building with LGBT groups and mainstream groups across the Philippines, in the region and international settings;
6. To continue Advocacy work, which includes legislative lobbying, passage of LGBT-related bills, ordinances and policies, review and/or repeal of laws that are used against LGBT people; and to establish a national LGBT database and network.
We commit to hold on to the promise to continue the LGBT rights until all people regardless of SOGI will be able to live a life of dignity and respect, free from discrimination and violence.
LGBT human rights Now!! Mabuhay ang mga Lesbyana, Bakla, Bisekswal at Transgender ng Pilipino!
For years we, the lesbian, gay, bisexuals and transgender (LGBT) groups in the Philippines, have always pushed forward the agenda of equality and respect from mainstream society and have been clamoring for due diligence from the government specifically for the passage of laws that will protect the rights of all people regardless of sexual orientation and gender identity (SOGI).
LGBT groups have held on to the promise and dream of every LGBT person in the Philippines: to live a life of dignity and respect, free from discrimination and violence.
Through the passion and commitment of LGBT groups to promote and protect LGBT rights, there has been significant progress in the different aspects of LGBT people’s lives in the Philippines. However, the dominant patriarchal and heterosexist ideologies that pervade the society, and the legal, cultural and religious taboos, that they have ingrained has made it more challenging for LGBT groups to fully realize the equality agenda.
Despite the growing tolerance towards LGBT people, acceptance is still yet to be achieved. LGBT persons in the Philippines still face violence and discrimination from the family, from civil society organizations, from medical and health institutions, in schools, in employment and from the government. We have been kicked out of our homes. We have been bullied at school. We have been denied basic privileges at work. We have been barred from establishments and ridiculed in public places. We have been denied the opportunity to participate in legislation. All these we experience because we do not conform to gender norms dictated by society, a society that is a witness to the worsening situation of violence against our ranks. Ours is a society that allows the media to perpetuate stereotypes. Ours is a society that doesn't take seriously the rising number of hate crimes being reported – thereby tolerating impunity. But at the end of the day, this is still our society so we will demand of it what is rightfully ours.
We now come together to stop this oppression. We come together to remind our government that we, as a marginalized community, as guided by the Yogyakarta Principles, are protected by international treaties and conventions the Philippine government has ratified such as the OPICESCR, OPICCPR, CEDAW, CRC, and the Magna Carta of Women.
We demand from the government to protect and promote the human right of all people regardless of SOGI by:
• Passing laws that protect and promote the rights of LGBT people, particularly the anti-discrimination bill that has been languishing in Philippines Congress for the past eleven (11) years and other laws such as the Gender Recognition Law and Anti-hate Crime Law.
• Repealing anti-LGBT policies such as the Vagrancy Act, and reviewing and monitoring of application of ordinances and national laws used indiscriminately against LGBT people, such as anti-kidnapping and anti-trafficking laws..
We come together unified in our commitment to continue working for LGBT rights in the Philippines as guided by the Philippine National LGBT agenda that is comprised of the following strategies:
1. To do human rights research and documentation, particularly to hold documentation training and workshops, to research on violence and hate crime and consolidate researches in communities to come up with a documentation handbook and an annual Human Rights Status Report;
2. To provide services which include Spiritual, Health, Psycho-social support for the LGBT individuals and communities;
3. To conduct a comprehensive information campaign about SOGI to civil society, mainstream LGBT community, and LGBT groups;
4.To implement resource mobilization that would maintain the work and services of LGBT groups and the emergence of new groups doing LGBT human rights work;
5. To work on Community Organizing and Alliance building with LGBT groups and mainstream groups across the Philippines, in the region and international settings;
6. To continue Advocacy work, which includes legislative lobbying, passage of LGBT-related bills, ordinances and policies, review and/or repeal of laws that are used against LGBT people; and to establish a national LGBT database and network.
We commit to hold on to the promise to continue the LGBT rights until all people regardless of SOGI will be able to live a life of dignity and respect, free from discrimination and violence.
LGBT human rights Now!! Mabuhay ang mga Lesbyana, Bakla, Bisekswal at Transgender ng Pilipino!
ASEAN CSO Meeting
From May 2 to May 5, 2011 over forty lesbian, gay, bisexual, transgenders, intersex and queer (LGBTIQ) activists representing 8 out of ten Southeast Asian countries[1] came together in a historic assembly for the ASEAN People’s Forum to tell their governments that the status quo is not acceptable and that the recognition, promotion, and protection of LGBTIQ rights is long overdue.
ASEAN is the cradle of the Yogyakarta Principles[2], a landmark articulation of internationally recognized human rights instruments in relation to sexual orientation and gender identity (SOGI), and yet LGBTIQs in ASEAN countries consistently face criminalization, persecution, discrimination and abuse because of who they are.
In Singapore, Malaysia, Brunei, and Burma, authorities arrest, detain and persecute individuals because of colonial laws that criminalize their sexual orientation or gender identity. In other ASEAN countries, certain laws are abused with impunity to harass or persecute individuals whose sexuality or gender is deemed unacceptable, immoral, or unnatural: anti-prostitution, anti-trafficking, or anti-pornography laws in Indonesia and the Philippines are applied to conduct illegal raids in gay establishments or to nab transgenders, oftentimes subjecting them to humiliation and extortion. The anti-kidnapping law in the Philippines is likewise used to forcibly break apart lesbian couples living under consensual and legitimate relationships.
We are part of the people of ASEAN, and yet across the region we are treated as criminals and as second class citizens.
Instead of representing the interests of all citizens, many governments and state institutions become instruments of religious and sectarian prejudice. In Surabaya, Indonesia, the police was complicit in an attack by an intolerant religious group against the participants of an international LGBTIQ conference.
A climate of stigma and discrimination prevails in most, if not all, ASEAN countries. From Vietnam to Brunei Darussalam, social stigma persists. Sexual orientations and gender identities outside heterosexuality and patriarchal gender norms are considered as a sickness that can be corrected through rape, reparative camps like in Besut, Malaysia, only one of several camps in the country, and other damaging psycho-social measures.
Access to basic services, from health to education, is denied on the basis of one’s presumed or actual sexual orientation or gender identity. Stigma has contributed to the steep rise in HIV infection among at-risk populations like men who have sex with men and transgenders, making it difficult for preventive interventions to reach them.
But our movements are growing. In various parts of the region, pride is unraveling and we will not take exclusion sitting down. LGBTIQ activists and organizations continue to actively engage government institutions, mass media, and civil society for equal rights and basic fairness. It is in this spirit of pride and dignity that we are reclaiming our rightful space in our respective countries and demand our governments to:
Immediately repeal laws that directly and indirectly criminalize SOGI, recognize LGBTIQ rights as human rights, and harmonize national laws, policies and practices with the Yogyakarta Principles.
Establish national level mechanisms and review existing regional human rights instruments (e.g. AICHR, ACWC) to include the promotion and protection of the equal rights of all people regardless of SOGI with the active engagement of the LGBTIQ community.
Depathologize SOGI and promote psychosocial well-being of people of diverse SOGI in accordance with the World Health Organization (WHO) standards, and ensure equal access to health and social services.
We will not be silenced by prejudice. For a people-centered ASEAN, LGBTIQ rights now!
ASEAN is the cradle of the Yogyakarta Principles[2], a landmark articulation of internationally recognized human rights instruments in relation to sexual orientation and gender identity (SOGI), and yet LGBTIQs in ASEAN countries consistently face criminalization, persecution, discrimination and abuse because of who they are.
In Singapore, Malaysia, Brunei, and Burma, authorities arrest, detain and persecute individuals because of colonial laws that criminalize their sexual orientation or gender identity. In other ASEAN countries, certain laws are abused with impunity to harass or persecute individuals whose sexuality or gender is deemed unacceptable, immoral, or unnatural: anti-prostitution, anti-trafficking, or anti-pornography laws in Indonesia and the Philippines are applied to conduct illegal raids in gay establishments or to nab transgenders, oftentimes subjecting them to humiliation and extortion. The anti-kidnapping law in the Philippines is likewise used to forcibly break apart lesbian couples living under consensual and legitimate relationships.
We are part of the people of ASEAN, and yet across the region we are treated as criminals and as second class citizens.
Instead of representing the interests of all citizens, many governments and state institutions become instruments of religious and sectarian prejudice. In Surabaya, Indonesia, the police was complicit in an attack by an intolerant religious group against the participants of an international LGBTIQ conference.
A climate of stigma and discrimination prevails in most, if not all, ASEAN countries. From Vietnam to Brunei Darussalam, social stigma persists. Sexual orientations and gender identities outside heterosexuality and patriarchal gender norms are considered as a sickness that can be corrected through rape, reparative camps like in Besut, Malaysia, only one of several camps in the country, and other damaging psycho-social measures.
Access to basic services, from health to education, is denied on the basis of one’s presumed or actual sexual orientation or gender identity. Stigma has contributed to the steep rise in HIV infection among at-risk populations like men who have sex with men and transgenders, making it difficult for preventive interventions to reach them.
But our movements are growing. In various parts of the region, pride is unraveling and we will not take exclusion sitting down. LGBTIQ activists and organizations continue to actively engage government institutions, mass media, and civil society for equal rights and basic fairness. It is in this spirit of pride and dignity that we are reclaiming our rightful space in our respective countries and demand our governments to:
Immediately repeal laws that directly and indirectly criminalize SOGI, recognize LGBTIQ rights as human rights, and harmonize national laws, policies and practices with the Yogyakarta Principles.
Establish national level mechanisms and review existing regional human rights instruments (e.g. AICHR, ACWC) to include the promotion and protection of the equal rights of all people regardless of SOGI with the active engagement of the LGBTIQ community.
Depathologize SOGI and promote psychosocial well-being of people of diverse SOGI in accordance with the World Health Organization (WHO) standards, and ensure equal access to health and social services.
We will not be silenced by prejudice. For a people-centered ASEAN, LGBTIQ rights now!
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