Twenty years into the fight for an anti-discrimination legislation, gender equality and human rights lawyers stressed the need for a law that would protect the LGBTQI+ community from sexual orientation, gender identity, and gender expression (SOGIE) discrimination.
“[J]ust last year, Metro Manila Pride recorded 70,000 attendees. For the most part we thought that it’s a sign of society’s increased support for the community…[b]ut have we really achieved acceptance?” Atty. Claire de Leon said yesterday, June 27.
The Gretchen Diez incident last year, according to Atty. De Leon, “drastically” shifted the perception of the public toward the LGBTQI+ community and the ongoing fight for the SOGIE Equality bill.
Misconceptions surfaced after the incident that was followed by a “massive” misinformation campaign against the bill.
“[N]akakalungkot na marami ding nagbabangga ng mga karapatan natin sa karapatan ng ibang sector. Nakakalungkot na ang ibang tao iniisip nila na this bill would take away rights from heterosexuals or cisgender persons,” Atty. De Leon said.
However, she stressed that protecting the rights of a marginalized sector does not take away the rights of another.
“[I]f you think that allowing a sector to exercise their rights would take away the rights of others, [then] we must rethink how we see rights [and] how we understand rights,” she said.
Anti-discrimination ordinances in LGUs
The lack of SOGIE-based national laws pushed LGBTQI+ groups to fight for anti-discrimination ordinances (ADO) within the local government units.
Marikina Mayor Marcelino Teodoro announced last year, June 29, the passage of the city’s ADO during the Metro Manila Pride March.
Quezon City on the other hand passed on November 28, 2014 the Gender Fair Ordinance, which was authored by Councilor Mayen Juico and was signed by the then-mayor Herbert Bautista.
Despite having implementing rules and regulations (IRRs) and ordinances, Atty. De Leon said that the process is not entirely implemented and effective.
“May council [at] may members of the council pero walang office…[N]a-highlight lang nito na hindi natatapos ang lobbying, hindi natatapos ang laban natin sa pagpasa ng ordinance,” De Leon said.
“Kailangan nating ma-push na meron IRRs at also kailangan nating ma-make sure na nai-implement talaga ang mga ordinances na ‘to,” she added.
De Leon said that laws and initiatives against anti-discrimination, whether from the national government, LGUs, or private sectors, are necessary to build a more inclusive community.
“Discrimination still occurs and as long as discrimination under the basis of SOGIE persists, we need a law that would give us protection…[p]rotection must be available and accessible to each of us regardless of our SOGIE,” she said.
SOGIE and Anti-terror bills
According to Atty. Eljay Bernardo, the “vagueness” of the provisions of the Anti-Terrorism Bill can directly affect the LGBTQI+ community as a marginalized sector fighting for SOGIE bill.
“If we request government, demand government of our rights, it could be construed as terrorism, as destabilization,” Atty. Bernardo said.
The imprisonment of the Pride20, according to him, uncovered how the law can be “twisted” against freedom of speech and assembly.
Last Friday, June 26, 10 members of LGBTQI+ rights group Bahaghari along with eight from other progressive groups, and two drivers were detained at the Manila Police District.
They were being charged with disobedience of persons in authority in relation to Republic Act 11332, or the Law on Reporting of Communicable Disease and Batas Pambansa 880, or the Public Assembly Act.
Atty. Bernardo said that the bill could put burden in LGBTQI+ groups, which could be an excuse to put the members of these groups under the surveillance of an anti-terrorism council.
According to Atty. De Leon, the Anti-Terror bill could “silence all of us,” especially the marginalized sector.
“[F]or us when activism is the only way of asserting our narratives, this can further render us voiceless. It seems like wala naman siyang direct effect, pero the dangers of it ay nararamdaman na natin ngayon,” she said.
The webinar #PrideHangouts 02: Tuloy ang Laban para sa SOGIE Equality was hosted by Pat Bringas and was organized by Metro Manila Pride.
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