The MiriamQ Effect: When We Teach Kids to Hate

Last night, the word "LGBT hate crime" hit closest to home: the kind and generous gay man who befriended my bedridden gay brother was mugged by a group of drunken teens in our own subdivision. The security guards were not able to help him. And when early this morning the baragay authorities came to question these young men, these "guardians" of Sunny Villas were too afraid to reveal who these suspects are. Historically-speaking, these youth in their early 20s are notorious for their noisy, whole-night drinking sprees at the village basketball court. Too often have they bullied many fellow residents, but they always seem to get off. They had badgered Joseph on previous occasions, taunting him with shouts of "pahindot, pahindot" because they knew he was an openly gay man. So this attack was no ordinary "napag-tripan lang". They targetted him, assaulted him by ganging up on him, and even when Joseph didn't fight back, they kept punching and hitting him, kicking him while on the ground. They didn't even stop when the guards approached. As a result, Joseph has a cut forehead, bruises on his face and a dislocated jaw that needs therapy. His right arm and wrist have fractures that necessitate a cast. He cannot write or sign his name, and he is a BIR Examiner who needs the use of his hand. Joseph was attacked because he was deemed to be "vulnerable", an easy target because he is gay. They do not know how generous he is that he sponsors Xmas parties for the poor children in the community just outside our subdivision. He even takes some of these kids on summer outings when he has extra resources. He willingly lends cash to the poor housewives who need a little something to tide their families over. And he consoled and entertained my PWD gay brother with his stories and escapades, sharing with him his special Sunday lunches and giving him food when the caregiver is out. Joseph is a good man, and that is more that I can say for those jerks that beat him up. I also heard that another good friend was traumatized by an incident a few weeks ago. Ryan is a college professor and LGBT activist, who happens to be walking by with another gay friend when they passed by a teenager who was urinating against a public wall. Instantly, they were accused of "peeping" at the guy's genitals and he pulled a knife on them. This act of violence has severly affected Ryan who is also a child rights advocate. Because he is gay, he was automatically presumed to be a "sexual predator". They do not know that Ryan teaches because he values the importance of education in molding young minds. They do not know that Ryan specializes in human rights, particularly on child rights protection because he believes children should be spared the violence and hate perpetuated by adults. People like Miriam Quiambao spout discriminatory statements against LGBTs, and her ideas only serve to reinforce the prevailing homophobia that has damaged so many lives. Too often gays are victimized and people just turn a blind eye, as if gays deserve the ill treatment they get. And by doing nothing against these acts of violence, people continue to perpetuate the idea that it's okay to hurt other people especially if they are so different from you. No less than the Supreme Court censured the COMELEC when it considered LADLAD undeserving of partylist accreditation because it had labeled Pinoy LGBTs as "threat to the youth". As someone working at the DSWD, I took this as a personal affront. Apparently, after years of working for the passage of child-friendly laws and policies, I had been a "threat" simply because I am a lesbian. So why the heck did I work on the Anti-Violence against women and Children Act, the Anti-Trafficking Act, the Anti-Child Pornography Act, and the Anti-Corporal Punishment/Positive Disciplining bill..so, I could harm kids? Maybe it is about time Philippine society rethinks what values it is actually teaching kids. Judging gay people as "evil" and "sinners" outrightly, without even knowing the amount of good they do for others is the height of hypocrisy and self-righteousness. I ask you again, Ms. MiriamQ and the rest of the homophobic population...which one of us speaks the greater "truth" of God's teachings now?

What Access to Justice Means to PWDs and Women

There are a lot of discussions on the rights of Persons with Disabilities (PWDs) recently.It is evident that the issue of disability has many intersectionalities with other vulnerabilities. Cross-cutting issues involve disability, minority, gender and sexuality, class or financial status, and educational background, and how this affects their civil and political rights, particularly Acces to Justice. A couple of months ago, I came upon a case which was raised to the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) under the mechanism of the Optional Protocol. The author/petitioner was not only an ordinary victim of gender-based violence. Besides being a female, she is a deaf-mute and was a minor when she was raped. At the heart of this case was an in-depth discussion on the status of implementation of our Anti-Rape law. The problems highlighted in the communication to the United Nations High Commissioner for Human Rights exemplified the gaps and flaws in Republic Act No. 8353, and makes the current initiatives in Congress to amend the Anti-Rape Law of 1997 even more relevant. While the case was primarily “mishandled” by the court, there were other aspects in the enforcement of the law where its express provisions were not only NOT followed, but were actually “violated”. Republic Act No. 8505 explicitly requires a FEMALE police officer to conduct the initial interview, but it was a male police officer who interviewed the victim. At the outset, during the initial investigation of the case, there was already great difficulty communicating with the authorities because the victim was a deaf-mute and sign language interpreters are not readily available at police stations. Only her own sister translated for the victim. This seeming insensitivity to the victim’s disability, continued until the actual prosecution of the case in court. There is no “official”, government sign language interpreter provided, and courts have to engage the services of translators from NGOs. This clearly shows the State’s inability to fully address the issues and concerns of PWDs when it comes to their right to access to justice. Hence, this is likewise not in compliance with our obligations under the United Nations’ Convention on the Rights of Persons with Disabilities (UNCRPD). Much of the issues herein are matters of policy review and legislative reform. The court glaringly failed to appreciate the evidence presented and instead, relied on gender-based myths and stereotypes. By insisting that the “victim must have done all conceivable means to evade or resist the perpetrator’s advances”, the court effectively demanded that she respond according to what the court deemed to be “reasonable standard of human conduct” and discounted the wide range of behavioral responses that can be exhibited by victims. By characterizing a “Filipina rape victim” as a woman who “summons every ounce of her strength and courage to thwart any attempt to besmirch her honor and blemish her purity”, the victim’s testimony was deemed incredible because she did not conform to such a stereotype. She was even effectively blamed for not employing sufficient or adequate means to avoid the rape. Such perspective lends to the old categorization of rape as a “crime against chastity”, instead of a “crime against person”, where the operative word is the person, and not her reputation or credibility. Note that rape is no longer considered a “private” crime, but a “public” crime which the State must pursue. It is apparent that the victim experienced layers of vulnerability which exposed her to greater risk of being subjected to abuse and violence. Most evident of all is the failure of the court to consider her disability of being deaf-mute. Using the above-mentioned framework, she was required to show proof that she struggled or made some noise because “her mouth was not covered nor stuffed by any object.” The court insisted that “she could have reached for plates of the table” where she was laid, when she already said she had cleared the table earlier and there was nothing she could use to hit her attacker with. This is the very essence of the current amendment pending before Congress – to change the language of the law that puts a premium on proof of violence, coercion and intimidation instead of the simple lack of consent, on evidence of torn clothing, threats of actual bodily hard or injury, or the victim’s showing that she screamed or shouted for help. Such technicalities thereby restrict the appreciation of the case by prosecutors and judges. In spite of all the provisions in the anti-rape law favoring the testimony of a victim, judges’ decisions are still limited by the way they appreciate the evidence using this logical framework. Nowhere is the gender-sensitivity and awareness trainings reflected in their rationalizations because they fall back on negative stereotypes and gender myths. The recommendations made in the communication are worthy of consideration by the Philippine Government. It is by no means a “source of shame” for the Philippines, should the proper officials and authorities choose to do something about it by instituting legal and policy reforms that will address these problems in implementation. It is with this clarity that our DFA must think when it makes representations in international fora like the United Nations bodies. It is with this gender-sensitivity and rights-based approach that other government agencies must act when it formulates policies, when it proposes legislative measures, and when it lays down court decisions.

Black Lace

br />twirls and curls

intricately meshed

dark lattice

concealing a treasure within;

mere surface cover

for what it can reveal,

I see, knowing

something more lies beneath.

It holds my attention

as my fingers are caught,

my hands are met

by a pleasant surprise,

confirming my deepest hopes,

and obliging the best

of my imagination. GPL 10/10/11

Much Ado about "Real Women"

All this talk about the Ms. Universe contest and the Canadian transgender has got me riled up lately. This morning, my favorite morning show began a discussion on it and I heard comments like "they might get undue advantage", "they have their own beauty contests anyway", and "it will privilege cosmetic surgery-enhanced over natural beauty", etc. They also criticized Donald Trump and his crew for seemingly issuing a "too quick, and reactionary" retraction by allowing a transgender contestant. But they are totally missing the point: organizers of the Ms. Universe pageant understood it's all about equal chances, opening up opportunities to all who are qualified, to compete fair and square based on the agreed criteria of beauty, poise and intelligence.

A few years ago, our NGO was doing a research project on lesbian health. An interview with no less than the president of the professional association of obstetricians and gynecologists revealed that "they have no programs and services for lesbians because they are different from women". This, from a licensed medical doctor herself. Hello? Any second year high school student taking up basic biology would tell you lesbians have female reproductive organs. Yes, believe it or not, we still have the same equipment and can make it work if we choose to!

Recently, I was in Geneva attending the special session on sexual orientation and gender identity (SOGI) at the United Nations Human Rights Council. A side event organized by the Holy See was an obvious objection to the SOGI initiative by the UN Secretary-General and UN High Commissioner on Human Rights herself. Speakers started talking about "traditional values" and the importance of "family" and "protecting children". What got to me was they kept emphasizing the alleged "role" of women in relation to men - that they are wives, mothers, daughters, sisters, etc.; that they have a "responsbility" to bear children and care for the family, as if this was how "gender equality" was supposed to be interpreted. Under this flawed perception, women are considered to have no autonomy whatsoever, no right to self-determination, and as such, no right to bodily intergrity as well. So, if you are not a wife or a mother, but a barrren or sterile woman, or simply a single woman, do you no longer have any relevance at all to society? What was more bothersome was the fact that their arguments and reasoning were all based on a woman's biology.

Which brings us to the issue of "what makes a woman"? Is being a woman all about one's biology - simple anatomy and physiology? Does that "biology" stem only from what you are "naturally" born with, or could it include what medical science and technology can give you after considerable pain and financial expense?

Is being a person just about your ability to procreate? Or is a person's Being about his/her various needs, wants, and desires? Isn't our Life a totality of our human experience - one's dreams and aspirations, his/her knowledge, skills, and talents, what we do and what we give to others? Isn't this what makes us human beings after all?

A woman to me is someone who can love a partner with such loyalty, commitment, and passion that comes with being a lifetime companion. A woman is someone who can love and care for a child with all her heart and selfless devotion regardless of whether the child is borne of her womb or not. A woman is someone who can handle trials and adversity with such strength and calm because she puts her family's needs first. A woman to me is someone who can face all this discrimination and negativity with such grace and poise, never stooping so low to a detractor's level.

This brings to mind an LGBT feature a long time ago. It was a TV interview of a young boy raised by a lesbian couple. When asked what he thought of not having a "male role model" in the household and missing his biological father, he answered: "My real father abandoned us when I was still a baby. He didn't want to marry my mother. It was my mom's subsequent lesbian partner who supported us financialy, raised me and sent me to school. What better example of being a responsible "man" should I have?"

On Vagrancy and Prostitution

Recent amendments to Article No. 202 of the Revised Penal Code (circa 1932) repealed those "anti-poor" provisions on vagrancy. No longer will a person loitering in public, wandering about without visible means of support, or an idle person with no reasonable means of subsistence be arrested or penalized. Pending cases for vagrancy shall be dismissed and people currently incarcerated for vagrancy shall be released. Even ruffians and pimps, or those who habitually associate with prostitutes are absolved of any liability. However, the provision criminalizing so-called "prostitutes", defined as "women who for money or profit, habitually indulge in sexual intercourse or lascivious conduct," was retained.

The primary consideration should be a unique perspective on law-making which should change the mindset of people. Legislation tackling prostitution should address the demand-side and curb the demand by punishing even the “attempt” to buy services. Clients and customers should also be the ones criminalized and prosecuted, not the prostituted women and children. More importantly, prostituted women and children should be looked upon as the “victims” that they really are.

There are several takes on prostitution legislation, and one strategy is to actually “legalize” the sex trade as it is in the Netherlands, Australia, Germany and Thailand. However, this would entail an in-depth discussion about sexuality issues within the State, including sexual practices. It would require the introduction of clear measures to regulate the industry, that would include the implementation of programs and services for prostituted women and children “after the harm has been done”, i.e. issuance of Identification Cards, regular medical-check-ups, accessible health information and services.

This practical approach actually acknowledges the issue of gender equality, and recognizes the inherent economic vulnerability of women. But women are subject to numerous other “vulnerabilities” and legalizing prostitution does not necessarily translate into economic stability or financial security. On the other hand, it has certain “de-humanizing” effects that result in long-term implications like stigmatization, as well as short-term implications, i.e. risk of STDs/STIs, HIV/AIDS, pregnancy.

Legalization of prostitution is a take-off from the concept of sexual liberation. It caters to the idea that it is “empowering” for women to be in prostitution as a source of livelihood. But even as they portray it as a matter of personal “choice” to engage in the sex trade, we must consider also that some life decisions are made depending on the only available options to a person. Various factors actually “force” them to make that decision or choice. As such, note that prostitution apologists always fail to consider that the option is not a viable choice for MEN.

Prostitution must be looked at for the reality that it is-a form of male violence. Trafficking and sexual exploitation are forms of oppression and subordination. Prostitution is enforced sexual slavery, greatly contrary to the standard of respect for human rights and dignity. Thus, there are actually no “prostitutes” or “sex workers”, only females “exploited through prostitution”.

The current situation of women in the sex industry is characterized by political oppression, violence and inequality. Criminalization of prostituted women and children as well as other derogatory policies still remain. Legislation to address the issue of prostitution must likewise aim to change these.

Firstly, there must be a clear political vision to change the mindset of people. What must be addressed is the “culture” of sexual exploitation of women and children. Hence, legislators and leaders must have the political will to face this issue and learn to prioritize it in their agendas. Continuous education and information campaigns, as well as trainings which actually have “attitude-changing” results especially among police officers and judges. The government must also develop and implement comprehensive social services and “exit” programs for formerly exploited women and children who “survived” the sex industry. Finally, legislation which criminalize participants in the sex trade should go after the owners and operators of these brothels and sex dens and bear down on them HARD with the full force of the law.

R-Rights Call on the Phil Mission to Geneva

The Philippines’ has one of the most vibrant Lesbian, Gay, Bisexual and Transgender (LGBT) advocacy movements in Asia. Filipino LGBT rights activists are also known to be the most vigilant and progressive human rights defenders in the country. And there is a reason for all this hard work - Filipino LGBTs still suffer numerous instances of discrimination and violence in their daily lives. Homophobia and gender stereotyping borne of religious prejudice and a patriarchal society have allowed injustices against sexual minorities to be propagated. Children with homosexual tendencies are subjected by their own parents to corporal punishment that already constitute child abuse, LGBT youth are disciplined or expelled by officials of private schools run by religious denominations, educated and skilled LGBTs are unable to get employment or obtain a as source of livelihood to sustain themselves and their families. Of late, instances of bullying of LGBT youth by peers and school officials have increased, and documented killings of LGBTs have shown a shocking number of attacks and deaths. And yet, the Anti-discrimination bill being proposed in Congress has continued to languish.

On March 7, 2012, the United Nations Human Rights Council will have a special panel on sexual orientation and gender identity (SOGI). This is both a ground-breaking and monumental event for LGBTs around the world, especially for those risking their lives everyday. But since 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 cannot expect a statement from the Philippine Mission to Geneva. Such representation by the Philippines can be 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.

Rainbow Rights Project hopes for a more supportive position from the Philippine diplomatic missions to participate in UN panels on special human rights concerns of LGBTs. R-Rights strongly enjoins 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. Rainbow Rights 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, Rainbow Rights now calls on this promise to be fulfilled through all branches of government.

Bicolandia

It wasn’t my first time to visit region 5. I was in Legaspi City sometime in 2005, and was stranded in Naga City for 3 days during Typhoon Ondoy’s onslaught. However, I never got to enjoy the sites and scenery of the great Daragang Magayon. But before 2011 ended, I was offered another opportunity to enjoy Bicolandia via an official assignment with the day-job. I wasn’t too keen on the work, so I consoled myself with the idea that I will get to travel for free and visit an exciting new place. Maybe I will finally see Mt. Mayon’s legendary perfect cone, a sight reserved for so-called “virgins”, whatever that means.

The Legaspi airport was familiar; still too small for aircrafts and notorious for cancelled flights because of the clouds. Zooming into the city proper, I noticed a new tourist spot by the boulevard, the newly developed “Embarcadero”. I made a mental note to make sure I visit the place since it was just a few blocks away from our hotel. While we were initially billeted at Hotel St. Ellis, we were eventually transferred to Tychee Hotel, a “boutique” hotel touted as the city’s newest and fanciest lodging place. That’s another plus, because the last time I was in Legaspi, the Vice-Governor made us stay at the Governor’s mansion, a Marcos-Era infrastructure whose grandeur also reflects its ghosts (literally).

Although the hotel failed to provide me a map or a brochure of local tourist spots, I had already done my research and was happy to note that a local church famous for its altar made from hardened lava was only a walking distance from our hotel. I could even catch the Immaculate Conception mass for December 8. Also called San Raphael church, the Church of Legaspi’s modern design betrays its historical past. It was one of those early parishes which got transferred from one township to another. In its case, it used to be part of Cagsaua, when it got burned down in the 1750s and got destroyed by Mayon’s eruption in 1814, until was reconstructed in 1834.

Like the classic Filipina of yore, Mayon proved to be hard to woo. She barely showed herself to us that first day and hid behind thick, white clouds. Our view of the bay from the newly-built boulevard was great, but Mayon refused to be a backdrop. All we got was the nearby hills known as the “sleeping lion”.

By the promenade was also a new feature – a statue of the late adelantado Don Miguel Lopez de Legaspi in whose honor Albay Pueblo and Albay Nuevo were renamed to become present day Legaspi City. The marker was made possible by a generous contribution from the Spanish government, of course.

Like all rural capitals, Legaspi didn’t become a social and political hub without also being a religious center. So besides the numerous churches, there are also Shrines like Our Lady of Guadalupe in Buraguis. Depicting the passion of Christ, the steep stairs built on a sheer rock face by the road had life-size images portraying the 13 Stations of the Cross. Similar to the one in Quezon province, the limited space makes it a short, but nonetheless, hard climb.

The Daraga Church was our next destination. Also known as Nuestra Senora de la Porteria or Our Lady of the Gate church, it was only considered a National Cultural Treasure in 2007 by the National Museum and finally declared a National Historical Landmark by the National Historical Commission in 2008. A restoration marker states that its parish convent, function areas and perimeter walls are already undergoing reconstruction. Although its façade and church walls have been restored according to the authority of the NCCA and the National Museum, its white paint is an ugly contrast to the old stone look of the bell tower.

From this distance, it is not hard to imagine how one of Mt. Mayon’s eruptions managed to damage the church. It is still one of the best places to get a view of the popular volcano. And at this point, Mayon indulged us a view of her slopes but not her crater, much like how a lady shows off her arms or legs, but not her shoulders. That whole week, I patiently waited for the clouds to clear; like a lover, each day hoping to see her in her full form.

Our initial attempt to visit Cagsawa Ruins was an “epic fail”. We were thwarted by heavy traffic en route to our destination. No, it wasn’t due to the rush hour traffic, but to a strange flood on the highway. It was kind of cloudy when we first arrived; still the rainshowers we experienced didn’t warrant an actual flooding. Our driver explained to us that after typhoon Reming a few years back, the small river that traversed the area overflowed and caused some flooding. When the waters eventually receded, they found out the river had changed its course and now passes through a roadside barangay. The original riverbed has since dried up and residents of the barangay had to deal with submerged residences and constant heavy traffic on the highway.

A few days later, we finally got to visit Cagsawa Ruins. Official work was done and we had just enough time to do some souvenir shopping. We were told there were many roadside shops at Cagsawa. Along the way, we noted the huge boulders lining the road. Our guide from the Provincial Tourism Office said they came from Mayon itself, when mudslides and flashfloods caused by typhoon Reming rolled them down effortlessly unto the unsuspecting populace below. Many residents in the area died - drowned when their homes were washed out by rampaging waters that carried volcanic rocks and torn vegetation. The bridge leading to the actual ruins was also destroyed and isolated the small community living near the belltower site. Their souvenir shops too, were all washed out. So, some vendors who survived the tragedy have moved their new shops across the makeshift wooden bridge that could no longer allow motorized vehicles.

These tragedies have taught Bicolanos well, and Region 5 now boasts of the first and only calamity-preparedness and disaster management academy in the Philippines. Constantly battered by volcanic eruptions, typhoons and flooding, the provincial government has put up this facility as an answer to permanent environmental issues and climate change impacts.

Interestingly, we asked about all these developments in Bicol. Multinationals have come in as partners for the geo-thermal plants deemed to provide electric power to the region. Our driver commented that because of this, the small hot spring resorts open to the public have diminished. And no longer is it part of a tourist attraction to watch an egg boil in one of those volcanic vents.

Around the time we were in Albay, it was also their Karanggahan food festival. A veritable feast of a food fair, I got my fill of authentic Bicol express, laing and pinangat, and my first taste of Tiwi’s famous halo-halo. I learned that the enormous crabs and shrimps made available were the pride of Sorsogon. The highlight of my gastronomic experience was the “kinunot”, a seafood delicacy made from either stringray or baby sharks. Appearing fibrous and creamy like ginataang langka, it was extra hot and spicy to diffuse the “fishiness” of the seafood that made up its core.

On our last day in Bicol, Mt. Mayon finally cooperated and graced us with a magnificent appearance. Like a lady ultimately bringing down the fan covering her face, Daragang Magayon let down her defences. With the sun shining brightly, clouds momentarily stepping aside, she showed us her full majestic form – her perfect slopes, verdant and imposing on the plains below. Even her crater was clearly visible; the soft curve of a lip belying the destruction and force it is capable of spewing.

Another breath-taking view of Mayon is from Lignon Hill. Besides its viewing deck and ziplines, this tourist spot boasts of the Japanese tunnel, reminiscent of the role Legaspi City had in World War II. At this height, the city as well as the airport can be seen on one side, and the great Mayon Volcano on the other.

Seeing the airport runway at this point quickly reminded us that this trip was about to end. Our flight for Manila was in a few hours, and although the airport was a mere 15 minutes away, we could not delay our departure no longer. Armed with souvenir Tshirts, ref magnets and key chains, and a good hoard of pili nuts and mazapan candybars in hand, we were ready to terminate our Albay visit.

We came, all of us, to see Mayon volcano like gentlemen callers, but we were the ones who left bearing gifts from the land of Daragang Magayon - ultimately enamored with Bicolandia’s charm.