The year 2021 brings the struggle to pass an anti-discrimination law or SOGIE Equality legislation to already
21 years. Having been pending in Congress for 21 years, and now on the 18th Congress, the SOGIE Equality
Bill as well as the Comprehensive Anti-Dsicrimination Bill remained pending. Discussions of the SOGIE
Equality Bill revealed a strengthened resistance from the opposition - questions were raised regarding the
inclusion of gender identity, of intersex, and lengthy discussion as well on academic and freedom and
religions were raised in relation to the prohibited acts under the proposed law. While the Bill remained
pending, there were however, positive developments in the LGU levels - there were Anti-Discrimination
Ordinaces passed in 2020 in Zamboanga City and in Manila. In 2021, a localization of the Safe Spaces Act
was adopted in Negros Occidenta56l, this meant clearer operationalization regarding gender based sexual
harassment in public spaces including penalization of sexist, misogynistic, homophobic and transphobic
remarks.
The first six months of 2021 also saw several cases of discrimination against members of the LGBTQI
Community. Foremost in the list is the killing and rape of a transmusculine person, Ebeng Mayor in Quezon
City. Another is the case of discrimination against 6 women in Ampatuan, Maguindanao, in the
Bangsamoro Autonomous Region in Muslim Mindanao. In this case, the hair of six women between the
ages of 16 and 20 were publicly shaved for being lesbinas.57 and the reason cited is that Isalm prohibits
and does not accept homosexuality. It was also reported that the shaving stemmed from a parents’
complaint. In response to this, the Commission’s regional office in Region XII coordinated with the Human
Rights Commission of BARMM to conduct monitoring and investigation of the case. They also attended
the dialogue set by the City with the parents and religious leaders. The Commission’s central office for its
part issued a statement in response to the public shaving - stressing that religious belief cannot justify
human rights violations and no person should ever suffer discrimination and harm on the basis of one’s
affiliation or creed, or because of one’s affiliation or creed, or because of a person’s sexual orientation,
gender identity and exprssion, or sex characteristics (SOGIESC).58
In another report to the Commission’s GBV portal, a lesbian complained of her exclusion from government
provided social amelioration programs. She was told that she does not qualify as a beneficiary as she and
her partner are not considered a family. In another report, a deaf lesbian was raped by three men during
a drinking session. Videos of the violation was posted on line. In this case, the Commission responded by
assisting the survivor by providing for her sign language interpreter and seeking medico legal service
amidst government imposed ECQ. Letters were written to Facebook for the takedown of posts. The
survivor was also referred to IDEALS who assisted her eventually in filing her case. She was also connected
to the Barangay for her vaccines and to CSOs like EngendeRights for LGBT focused support during the
pandemic. The continuing violence and discrimination againt members of the LGBTQI community, the
continuing resistance of lawmakers to the passage of the SOGIE Equality bill highlight the continuing
56
Negros Occidental strengthens push for safe spaces with local ordinance. Rappler. 29 November 2021.
https://www.rappler.com/nation/negros-occidental-strengthens-safe-spaces-local-ordinance/
57
Maguindanao community shaves women heads to punish them for being lesbians. GMA News Online. 10 June 2021.
https://www.gmanetwork.com/news/news/regions/791070/maguindanao-community-shaves-women-s-heads-to-punishthem-for-being-lesbians/story/ (accessed 31 August 2021)
58
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