By:
Janneth Agulto and Catherine Resurreccion
 |
Everyone has a right to fight and speak for what they think is correct.
No matter what their gender is. |
“Like for
someone Trans (Transgender), it’s so scary knowing that if someone ever killed
you--No one cares. Sure it’s going to be a hot topic for a few days in social
media like Facebook or Tumblr or Twitter but after that nothing really happens.
So it’s really scary but at the same time after the fear and anger dies down,
all just feels… Disappointment.
Like you’re
not supposed to be treated this way, no one is supposed to be treated this
way.”
–
Justine Lloren a Transgender
Courtesy
of Youtube:
“Reasons Why Anti-LGBT Hate Crime Laws are Necessary in the Philippines”
________________________________________________________________________________________________________________________________________________________________________
Strangled
to death then drowned and was found, with her head propelled in the toilet seat,
inside a motel in Olongapo City, Manila was the drastic faith that Jeffrey
“Jennifer” Laude, a transwoman, received from U.S.
Marine Joseph Scott Pemberton on October 11 of 2014.
An LGBT group has labelled this as a Hate Crime- defined by the U.S.
Department of Justice Training Guide
as a criminal offense committed against a person or property which is
motivated, in whole or in part, by the offender’s bias against a race,
religion, disability, ethnicity/national origin, or sexual-orientation.
This incident happened barely a year and five months after
the Philippines was recognized as “One of Asia’s Most Gay Friendly Country”,
according to a survey conducted by Pew Research Center on June 4, 2013.
The survey showed that 73% of the 804 Filipinos surveyed
granted an opinion that “Homosexuality should be accepted by the society.”
Nonetheless, crimes’ victimizing our fellow Filipino Lesbians,
Gays, Bisexuals and Transgenders (LGBTs) is still an issue, and discrimination is
an addition to their day-to-day routine.
Thus, the dreadful crime committed by Pemberton against Laude
triggered the filing of Anti-Discrimination and Anti-Hate Crime Laws in the Philippines
for the protection and security of our fellow Filipino LGBTs.
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| Gender Preferences in hiring is still an issue |
Discrimination against Filipino LGBTs
Discrimination tends to be a daily struggle for Filipino
LGBTs. Filipinos may be tolerant to having them dressed and act opposite to
their gender but not to who they really are.
Discrimination in the Philippines is so grand to the extent
that some lesbians, gays, bisexuals and transgenders hide their real identity
in order for them not to be discriminated (by their friends, boss/ employer,
and even sometimes by their family.)
Filing of Anti-Discrimination Law
Various bills and revisions regarding Anti-Discrimination on
LGBTs have been filled out.
One of which, possibly the earliest, was the Anti-Discrimination
Bill that was first filed by Akbayan Party-List Rep. Loretta Anne Rosales and
was approved on 2005 by the Committee on Human Rights of the Philippine
Congress, unanimously, as House Bill 634
or “The Anti-Discrimination Bill Against
Lesbian, Gays, Bisexuals and Transgenders.” House Bill 634 pursued to eliminate all forms of discriminatory practices
based on sex or sexual orientation.
Another was the House Bill no. 110 “An Act Prohibiting Discrimination on the Basis of Sexual Orientation
and Gender Identity and Providing Penalties Therefor..” or the
Anti-Discrimination Act that was introduced by Hon. Kaka Bag-ao, of the
Dinagat Islands, Lone District Representative and was received by the House of
Representatives on July 1, 2013.
The Bill
includes the right of an LGBT to:
- · Emotional or sexual preferences
of each person towards people of the opposite sex (Ex. They can admire someone who has the same sex)
- ·
The rights to have the same
fashion either of men or of women(Ex. from wearing a
clothes, inclination and behavior in relation to masculine or feminine
convention)
- · The rights to be accepted in
any company or job that would fit their educational background but not by
prohibiting transsexual, bisexual, transgender to apply in the company
- ·
The rights to have access in
any public services
- ·
The right to be promoted and to get privileges
from their employment
- ·
The right to enter an educational
institution
- ·
The right to join political party
or in any forms of organization
- ·
The right to have access to
medical and other health services
- ·
The right to have licenses
issued by the government
- ·
The right to use establishment,
facilities and other public services
- ·
The right not to be harassed by members of institutions such as Philippine National Police or Armed Forces
of the Philippines.
Any violation to these will suffer from infliction such as penalty under
civic law, rules and regulation. Persons found guilty of any discriminatory
practices enumerated in the preceding section shall be penalized with a fine of
not less than One Hundred Thousand Pesos (P100,000) but not to exceed Five
Hundred Thousand Pesos (P500,000) or imprisonment of not less than one (1) but
not more than six (6) years.
The most
recent of all bills is the House Bill
5867 “An Act Prohibiting Discrimination
on the Basis of Sexual Orientation and Gender Identity (SOGI) and Providing
Penalties therefor” which was approved by the Committee on Women and
Gender Equality on February 2015.
The said bills
are projected to help the LGBT
community to continue their way of living and to avoid suffering from
depression and discrimination from the society. These will strengthen their
organization and will help them to be more confident on their chosen lifestyle.
These will also serve as their shield from any kind of bullying and human
trafficking and more important is to present EQUALITY in the country. Any LGBT has
the right to live in a normal way and not to be abused by the public.
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| The Gender Preferences in the Philippines |
Hate Crimes in the Philippines
Anti-Hate Crime Law, on the other hand, acquires more
serious tone than the Anti-Discrimination Law.
Hate Crime is an act of killing someone emotionally and even
physically because of hatred. This offense may lead to the death of the
individual involved. LGBTs are most likely to be the victims to this kind of
crime.
According to a data collected by the Philippine LGBT Hate Crime Watch, an LGBT independent organization,
there have been a number of 164 cases
of hate crimes in the country since the year
1996 to June 2012.
One of the most gruesome of which were the cases of Jennifer Laude
and Felix Alsalde.
Felix Alsalde alias “Luningning”, a 23 years old
Transwoman was found dead at Sitio Olivo, Barangay Buhisan, Cebu on December 8,
2011—she was allegedly raped—her skull cracked, her right breast skinned, grass
jammed in her stomach, a stick pushed on her anus, and her genitals had been
burned. A minor claiming to be a drug addict admitted to killing Luningning;
Stating that he did it because she didn’t paid him the promised expense of Php.
200 in exchange of a sexual favor.
Filing of Anti-Hate Crime Law
On October 29,
2014, seven-members of Makabayan bloc in the House of Representatives filed the
Anti-Hate Crime Resolution or the House Resolution No. 1625 for Congress.
The Makabayan
Bloc is composed of Kabataan Partylist Rep. Terry Ridon; Bayan Muna Reps. Neri
Colmenares and Carlos Zarate; Anakpawis Rep. Fernando Hicap; ACT Teachers Rep.
Antonio Tinio; and Gabriela Reps. Luz Ilagan and Emmi de Jesus.
This inquiry
includes on reported cases of hate crimes committed partly or wholly on the
basis of prejudice over a person's age, race, religion, sexuality, gender
preference, ethnicity, nationality, disability, political belief or affiliation
with the end view of crafting landmark legislation against the said hate
crimes.
Rep. Ridon,
the lead author of HR 1625 said that he would not want to file a bill without
the full force of LGBT community.
"In HR 1625, we identified key issues that need to be
covered by the Anti-Hate Crime Bill. This includes criminal-penalty-enhancement
provisions, provisions that require administrative agencies to collect hate
crime statistics, and of course provisions on education and welfare protection
of vulnerable sectors," explained
Rep. Ridon.
Why do hate on
others just because of our differences? We were made to love and not make war.
So why hate when you should love?
We can’t all
be identical, there’s no such thing, however we can and are coequal.
LGBTs or not,
each member of our society should be treated coequally, with respect and
acceptance.
LGBTs or not we are all human who’s in need of rights and freedom.
Don’t mistreat
somebody just because of their gender differences, we are free to choose
whatever gender or personality we acquire because it’s our body and life, not
everyone else’s.
Being
homophobic doesn’t do good to you nor does it do good to anybody else, but it
definitely harms someone who’s hiding in the closet.
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References:
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ww.congress.gov.ph/
