Commission on Human Rights Philippines

Track on the Protection and Promotion of LGBTI Rights

Krissi Shaffina Twyla A. Rubin

Commission on Human Rights Mandate:

The Commission on Human Rights of the Philippines, under the 1987 Constitution is mandated,
among others to investigate violations of civil and political rights and to monitor governments compliance
with its treaty obligations. With the passage of the Magna Carta of Women in 2009, the countrys gender
equality law pursuant to the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), the Commission has been designated as the Gender and Development Ombud. Taking all of its
mandate into consideration, the Commission has been actively pushing for the promotion and protection
of the human rights of persons with diverse sexual orientation and diversity. The following discussion
enumerate the efforts undertaken and the challenges faced by the Commission in the protecting and
promoting the rights of lesbians, gays, bisexuals, transgender, and intersex persons.
The Context:
The Philippines is the fifth largest Christian country with about 85% of the population being
adherents1. It is also one of two predominantly Roman Catholic nations in Asia (the other being East
Timor), and is the third largest Catholic country in the world.2 The long history of Catholicism in the
Philippines dates as far back as the 1500s with the Spanish occupation spanning more than three hundred
(300) years. Primarily patriarchal, challenges have been faced by the womens movement in fighting for
womens rights and now, also for the rights of persons with diverse sexual orientation and gender identity.
While current report places the Philippines at the top of the gender equality index, and while a 2014 global
survey by Pew Research Center published by Inquirer tags the Philippines as among [the] most gay
friendly in the world, the reality may very much differ on the ground. Research from partner LGBT
organizations and the cases filed before the Commission reveal the discrimination and the violence
suffered by the LGBT community. Public statements by Catholic religious leaders against the LGBT
community further exacerbates the stigma and the exclusion that the community suffer. In one
statement, a representative of the Catholic Bishops Conference of the Philippines (CBCP) opposed a
pending Anti-Discrimination Bill, specifically the part where it gives protection to persons with diverse
sexual orientation and gender identity.
As a National Human Rights Institution, the Commission takes upon itself the active protection
and promotion of LGBTI rights as human rights, stressing the primary provision of the Universal
Declaration of Human Rights which declares all persons to be equal in dignity and in rights and the
principle that cuts across all human rights treaties and conventions --- non-discrimination and equality.
The Commission on Human Rights Track on the Promotion and Protection of the Rights of Persons with
Diverse Sexual Orientation and Gender Identity
I.

Hate Crimes and Investigation/Monitoring of LGBTI cases:

Sometime in 2011, the Philippine Hate Crime Watch forwarded to the CHR the list of possible hate
crimes as against Lesbians, Gays, Bisexual and Transgender. The list contained some 100 cases, some of
which, the victims and their addresses were provided, however some were unidentified. The list was also
sourced from newspaper accounts, and some from friends accounts. Proceeding to act on the list of cases,
CHR Central Office forwarded the same to the Regional Offices for possible verification and investigation.
Due to the lack of available information from the document itself, only a few of the forwarded cases were
identified and verified by the Regional Offices. The other cases proved difficult to follow for the following
reasons: (a) lack of information from the source document (the List); (b) lack of address/contact persons
even if news accounts are accessible; and (c) Refusal of the families of the victims to participate in the
investigation. Of the forwarded cases from the Phil. Hate Crime Watch, six cases were verified,
investigated and acted upon by the Commission. Most of these cases are already filed in Court, and subject
to monitoring of the Regional Offices.
In response as well to the 2011 initiative of the Phil. Hate Crime Watch the Commission undertook
the introduction of LGBT as one of the keywords for human rights cases in the regions. It also undertook
1

Inquirer Global Nation. December 21, 2011. Retrieved on 2/13/2015

Commission on Human Rights Philippines

Track on the Protection and Promotion of LGBTI Rights
Krissi Shaffina Twyla A. Rubin
efforts to educate CHR investigators and lawyers on the identification of hate crimes against LGBT, the
sensitive handling of cases involving LGBT, and the motu propio investigation of future LGBT hate crimes
cases within their regions jurisdiction.
CHR Database would reveal that there are currently 16 LGBT cases. Further verification of cases
might yield more. The above cited number covers mostly the period from 30 June 2010 to January 2015.
The list is not exhaustive as in most instances, killing of LGBT are filed directly with the police or the
prosecutors office eluding the monitoring by the Commission. Still these cases reveal that the LGBT
community continue to face different forms of discrimination, the worst in the form of hate crimes
resulting in the death of LGBTs, others in the form of bullying/harassment in schools and in work places,
discrimination in terms of housing, and discrimination in terms of employment.
Employment Discrimination
One of the cases filed with the Commission is the case of one transgender who complained of
discrimination against a company. In the transgenders case, she has passed the interview of the
prospective employer and was informed she can report for work and that she should bring the required
documents. However, after having seen her documents, specifically her Birth Certificate which indicate
her sex as Male, she was suddenly informed that the Company is no longer hiring her. In response to the
transgenders complaint, CHR National Capital Region pursued the investigation of the case. The challenge
however lies in the absence of an Anti-Discrimination Bill, making it difficult for the Commission to make
private companies accountable.
The case of Jennifer Laude
The most recent and controversial case investigated by the Commission is that of Jennifer Laude,
a transgender. A motu propio investigation was conducted by the Commission on the killing of Jennifer
Laude, with birth registered name Jeffrey Laude, allegedly in the hands of a U.S. Serviceman participating
in the Joint Amphibious Landing Exercise (PHILBEX 15) in Olongapo City, Province of Zambales.
Initial findings of the investigation reveal that the lifeless body of the victim was discovered
around 11:45 PM of October 11, 2014 inside the comfort room of Room No 1 of Celzone Lodge, Ramon
Magsaysay Drive, East Tapinac, Olongapo City. Laudes head was slumped in the toilet bowl and the body
was partially covered by a color cream blanket. Visible marks of injuries on the neck and the tongue
protruding were also observed. A case for Murder was filed against Pemberton and currently, the charge
has been upheld by the Department of Justice despite challenge by the accused.
On its part, the Commission, aside from the conduct of regular investigation and monitoring of
the case, attended public fora seeking justice for Jennifer Laude. The Commission also issued statements
expressing grave concern over the brutal killing and called upon the Government to investigate promptly
the serious incident of violence, to hold perpetrators accountable, to ensure the sensitive handling and
reporting of the case by the Police and by the media, giving due respect to Jennifers chosen gender
identity and ensuring her right to dignity, and to establish a system of recording and reporting of cases
of violence committed on the basis of a persons perceived or actual sexual orientation or gender identity.
As the accused in the instant case is a US Serviceman and currently under the custody of the US, the case
continues to be of much interest to the Commission and to many LGBT advocates in the country.
II.

Legislative Agenda: Advocating for the Passage of the Anti-Discrimination Bill; Local
Ordinances

Another track of the Commission in the promotion of LGBTI rights is its active involvement in the
lobbying and passage of an Anti-Discrimination Bill. Several versions of the bill has been pending in
Congress and currently there are two versions, one focusing solely on anti-discrimination on the basis of
SOGI, and the other, a comprehensive one covering a wider range of protected status age, disability,
religion, ethnicity, economic status etc. In pushing for the passage of an Anti-Discrimination law, the
Commission works with CHR LGBT NGOs and groups conducting various discussions/ consultation and
tapping the support of various stakeholders. The primary challenge faced by the Commission and the LGB
organization is the opposition of conservative officials and their refusal to include SOGI as a protected
status.
Locally, the Commission, through its regional offices work with local LGBT groups to work on the
passage of Anti-Discrimination Ordinances. The Commission participates in the crafting of ordinances,
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Commission on Human Rights Philippines

Track on the Protection and Promotion of LGBTI Rights
Krissi Shaffina Twyla A. Rubin
providing inputs and comments, and providing capability building on the human rights of LGBTI. Just this
month, the Commission participated in the activity of Rainbow Rights called Access to Justice through
the Anti-Discrimination Ordinance, the dialogue seeks to bring together all stakeholders and legal actors
for the purpose of ensuring the implementation of the Provincial Anti-Discrimination Ordinance.
III.

Partnership with CSOs in documenting LGBT experiences towards policy reform

The Commission has several active engagements with CSOs in the protection and promotion of
LGBT rights. Rainbow Rights presented before the Commission and other stake holders the findings of its
research Kwentong Bebot which documents the violence experienced by lesbian, bisexual and
transwomen. The sharing of the research and the stories of LBTs enriched the appreciation of the
Commissions officers as well as various stake holders on the plight of LBTs. The same also feeds into the
legislative advocacy for the passage of the Anti-Discrimination Bill.
Likewise with Rainbow Rights, the Commission also participated in the Access to Justice Project
which aims for the enactment and/or implementation of Local Anti-Discrimination Ordinances. The most
recent was conducted in Butuan City with its Provincial Anti-Discrimination Ordinance,
In an International Forum sponsored by GALANG Philippines on the exclusion of LGBTs in social
protection policies, the Commission, through focal Commissioner for LGBT, Commissioner Jose Manuel
S. Mamauag committed to work together with various stakeholders and policy makers to psuh for the
amendment of the social protection policies, including the Family Code, to make them more inclusive of
LGBTs.
Promotion: Working with the Department of Interior and Local Government on the Promotion of
LGBTI Rights
Promotion of LGBTI rights as human rights is another track of the Commission. In addition to its
womens rights module, an LGBT module setting forth human rights of LGBT and the Yogyakarta Principles
is also being developed. The modules are then cascaded to the different local government units and the
security sector. The Commission, through its LGBT focal actively engages with the local media in the
promotion of LGBT rights as human rights.
The Commission also actively participates in the promotion of LGBT rights through the celebration
of the International Day Against Homophobia (IDAHO) and Pride March celebrations.
Development of the Gender Ombud Guidelines
Pursuant to its role as Gender Ombud under the Magna Carta of Women, the Commission is
currently developing its Gender Ombud Guidelines. The guidelines seeks to operationalize the function of
the Commission as Gender Ombud as seen through: investigation of cases of discriminations, promotion
of Womens rights and rights of persons with diverse SOGI, policy advocacy and advisories and the
monitoring of the laws implementation. The Guidelines will also include Protocols in the investigation of
cases involving persons with diverse sexual orientation and gender identity. The challenge in the
development of the Guidelines is that of making the same respond to the realities on the ground and to
have a wider scope of consultation as much as possible.