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For the very first time, the Philippine Senate will
tackle proposed bills that seek to penalize
discrimination against lesbians, gays, bisexuals, and
transgenders (LGBTs). On August 9, 2006, the Senate
Committee on Labor, Employment, and Human Resources
Development, chaired by Sen. Jose "Jinggoy" Estrada,
will hold a public hearing on three
anti-discrimination bills that provide protection for
Filipino LGBTs against discriminatory policies and
practices in the areas of employment, education,
health care, and public service, among others.
The three bills are SBN 165 (by Sen. Luisa 'Loi'
Ejercito-Estrada) , SBN 1641 (by Sen. Miriam
Defensor-Santiago) , and SBN 1738 (by Sen. Ramon 'Bong'
Revilla, Jr.). They were all referred to the Senate
Committee on Labor, Employment, and Human Resources
Development. Of the three bills, SBN 1738 is the most
comprehensive. It is also the same as House Bill 634,
a counterpart bill filed by AKBAYAN Representatives
Loretta Ann Rosales, Mario Aguja, and Risa
Hontiveros-Baraquel , which was already approved by the
House of Representatives Committee on Civil,
Political, and Human Rights.

LAGABLAB supports the three bills and endorses SBN
1738 as the main reference bill for all the
LGBT-related anti-discrimination bills that the Senate
Committee will tackle since it the most inclusive.

Since 1999, the Lesbian and Gay Legislative Advocacy
Network Philippines, Inc. (LAGABLAB-Pilipinas ), a
network of several lesbian, gay, bisexual, and
transgenders (LGBT) organizations and individuals, has
been push for a national legislation that would
criminalize discrimination against Filipino LGBTs.
During the 12th Congress, the House of Representatives
approved the same bill (then numbered H.B. 6416), but
the Senate failed to approve it.

LAGALAB is once again urging NGOs and concerned
citizens in the Philippines and the international LGBT
community to support the passage of a national law
that penalizes discrimination against lesbians, gays,
bisexuals and transgenders.

Please download the following background materials:
HB 634:
http://lagablab.wordpress.com/files/2006/06/hb-634.pdf

SBN 165:
http://lagablab.wordpress.com/files/2006/06/sbn-165.pdf

SBN 1641 :
http://lagablab.wordpress.com/files/2006/06/sbn-1641.pdf

SBN 1738 :
http://lagablab.wordpress.com/files/2006/06/sbn-1738.pdf

FAQs on the Anti-Discrimination Bill:
http://lagablab.wordpress.com/files/2006/06/ADB-faqs.pdf

How laws are made in the Philippines:
http://lagablab.wordpress.com/files/2006/06/legislative-process.pdf

Directory of the members of the Senate Committee on
Labor, Employment, and Human Resources Development:
http://lagablab.wordpress.com/files/2006/06/senate-labor-committee.doc

Please visit www.lagablab. wordpress. com for more
materials and information on the Anti-Discrimination
Bill.

Background

Despite popular notions that "homosexuality is
tolerated in the Philippines" , Filipino LGBTs still
encounter discrimination in many areas. Within the
family, sexual abuse and physical assault are employed
to 'cure' LGBTs of their 'disease'. Discriminatory
policies and practices also create a climate of
impunity for those whose hatred against LGBTs may lead
to further abuses, or even death.

Below are some of the cases that LAGABLAB and its
organizations were able to document:

"Masculinity tests," or the imposition of an arbitrary
test to weed out gay students who wish to enter some
schools. Implemented by some Catholic schools, the
test is done by a panel of teachers and school
admissions officials. Those who flunk the tests but
have good academic records are admitted on probation
for one year and prohibited to display any indication
of homosexuality (from wearing long hair to entering a
same-sex relationship)

Refusal of entry or the provision of sub-standard
services in commercial establishments. Ambiguous dress
codes and related policies are used to bar LGBTs from
entering establishments that are otherwise open to the
public

Dismissal of lesbian students once school authorities
discover their homosexuality

"Stereotyping" in employment opportunities. Gays are
accepted solely in fields where they presumably excel,
such as the arts, entertainment and beauty industries.
Outside these professions, however, homosexuals are
discriminated in sectors that are typically
male-dominated, such as the military, police and
engineering, and to a certain extent, politics and
government service. Recently, despite the existence of
law that prohibits discrimination on the basis of
sexual orientation in the police force, the leadership
of the PNP expressed their support for the
non-acceptance of homosexuals in the service.
Dismissal due to one's disclosure of sexual
orientation or homosexual relationship, as in the case
of two women working in a human rights NGO, who were
dismissed after they revealed that they are lesbians
and are having an affair.

In some banks, lesbians and gays are denied promotion
due to the presumption that they wish to evade the
"natural responsibility" of creating a family, and
thus cannot be trusted with additional
responsibilities in the office.

The police uses vintage laws like the anti-vagrancy
and anti-public scandal laws to harass, physically
abuse and/or extort from gay men, as in the case of
raids in bars and movie houses where those who are
arrested are forced to give money in exchange for the
dismissal of the nebulous charges against them. These
raids are oftentimes covered by the media and the
arrested men are forced to face the camera and
accommodate interviews.

The anti-kidnapping law is regularly used to break
apart consensual relationships between adult lesbians,
since it is presumed that such relationship could only
exist when one of the partners is forced into it.

The Anti-Discrimination Bill seeks to penalize these
practices to allow Filipino LGBTs to exercise and
enjoy rights and freedoms accorded to all Filipinos.
The bill itself is a product of an innovative
consultation within the community. By criminalizing
discrimination on the basis of sexual orientation and
gender identity, the bill affirms the Philippines'
Bill of Rights and the country's commitment to
international human rights standards.

Action

Please urge the Senate Committee on Labor, Employment,
and Human Resources Development to approve promptly
SBN 1738. Write to the Committee Chairperson, Sen.
Jinggoy Ejercito Estrada, to express your support for
the bill. A sample letter follows.


HON. JINGGOY EJERCITO ESTRADA
Chairperson, Committee on Labor, Employment and Human
Resources Development
5th flr., Rm. 526 GSIS Bldg., Financial Center, Roxas
Blvd., Pasay City
Trunk Lines: (632) 552-6601 to 80 loc. 5539 - 41 /
5583 / 2470
Direct Lines: (632) 552-6685 - 86
Email: mailto:senjinggoyestrada@senate.gov.ph

Ms. Gemma Tanpiengco
Committee Secretary
Committee on Labor, Employment and Human Resources
Development
Tel. (+632) 5526820 (telefax) or (+632) 5526601 loc.
3301

Email addresses of all members of the Committee on
Labor: mailto:senjinggoyestrada@senate.gov.ph,
mailto:ramon@magsaysay.com, mailto:sen.litolapid@senate.gov.ph,
mailto:rjgordon@senate.gov.ph, mailto:mb_villar@yahoo.com,
mailto:senrgr@info.com.ph, mailto:pongbiazon@yahoo.com,
mailto:senbongrevilla@senate.gov.ph, mailto:mar@marroxas.com,
sro3@yahoo.com, mailto:limsenate@yahoo.com,
mailto:media_sen_lacson@yahoo.com, mailto:oslee@hotmail.com,
mailto:jmflavier@pacific.net.ph, mailto:kikopangilinan@kiko.ph,
mailto:aqp@pldtdsl.net

Please send a copy of your letters to LAGABLAB:
LAGABLAB
c/o Amnesty International Pilipinas
#17-D Kasing-kasing St. corner K-8th Street,
Kamias, Quezon City, Philippines
Telefax: (+632) 9276008
Email: mailto:lagablab@yahoo.com


HON. JINGGOY EJERCITO ESTRADA
Chairperson,
Committee on Labor, Employment, and Human Resources
Development
Philippine Senate

I am writing to you as a member of the international
human rights community deeply concerned about ending
discrimination toward lesbians, gays, bisexuals, and
transgenders throughout Filipino society. I understand
that several bills have been filed and referred to the
Committee on Labor, Employment and Human Resources
Development that provide comprehensive protections
against discrimination on the basis of sexual
orientation and gender identity in employment,
education, as well as medical and public facilities,
among other realms.

The bills were filed by Senators Luisa 'Loi' Ejercito
Estrada (SBN 165), Miriam Defensor-Santiago (SBN
1641), and Ramon 'Bong' Revilla, Jr. (SBN 1738). The
most comprehensive of all is SBN 1738.
The goal of human and civil rights measures is to
protect all persons equally, without distinction or
discrimination. By enshrining protections against
abuse and discrimination on the basis of sexual
orientation and gender identity, an
anti-discrimination legislation advances the promise
of the universality of rights. These are not claims to
"new rights" or to "special rights", but rather extend
protections for human dignity to include the most
vulnerable groups in society, and to publicize and
prevent the least visible and most easily concealed
violations.

In adopting this legislation, the Philippines would
join the rapidly growing ranks of countries around the
world--including South Africa, Fiji, Brazil, Ecuador,
the Netherlands, Israel, and Costa Rica--that
recognize the importance of national-level
anti-discrimination legislation in the fulfillment of
international human rights standards. Indeed, within
an atmosphere of stigma, discrimination, and lack of
social acceptance toward any social group, enshrining
protection in law is essential not only as a deterrent
to discrimination and statement of values, but also as
an educative tool in itself.

I respectfully urge your committee to approve SBN 1738
as soon as possible. The enactment of a national law
against discrimination on the basis of sexual
orientation and gender identity affirms the human
rights and freedoms that are enshrined in our
Constitution. It also upholds the country's commitment
to international human rights standards, as reflected
in our signing of the Universal Declaration on Human
Rights, International Convention on Civil and
Political Rights, International Convention on Social
and Economic Rights, and the Convention on the
Elimination of All Forms of Discrimination, among
others.

Thank you for your efforts to end discrimination on
the basis of sexual orientation- -and concern
ultimately for the human rights of all persons in the
Philippines.



Sincerely,

____________ ______



CC: Members of the Senate Labor,
Employment, and Human Resources Development:

Sen. Ramon B. Magsaysay, Jr.
Sen. Manuel "Lito" M. Lapid
Sen. Richard J. Gordon
Sen. Manuel B. Villar, Jr.
Sen. Ralph G. Recto
Sen. Rodolfo G. Biazon
Sen. Ramon "Bong" Revilla, Jr.
Sen. Manuel A. Roxas
Sen. Sergio Osmeña III
Sen. Alfredo S. Lim
Sen. Panfilo M. Lacson
Sen. Luisa "Loi" Ejercito Estrada
Sen. Juan M. Flavier
Sen. Francis N. Pangilinan
Sen. Aquilino Q. Pimentel Jr.