discrimination and abuse on the basis of sexual orientation and gender identity.
1a. Absence of National Anti-Discrimination Legislation (Articles 1 and 2)
For the past 15 years, the Anti-Discrimination Bill, a proposed national law to explicitly
protect vulnerable groups, including LBT persons from discrimination and promote their
rights, has been languishing in Congress despite support from legislators and the
Commission on Human Rights Philippines (CHRP).4 In fact, the former Chair of the
CHRP, Leila de Lima, noted that LGBT persons remain one of the most vulnerable to
human rights abuses, such as discrimination in the workplace and harassment in
educational institutions.5
Without a national Anti-Discrimination Law, local anti-discrimination ordinances that
have been passed at the province, city or municipality levels are not properly
implemented due to other discriminatory laws that contradict local anti-discrimination
ordinances. For instance, while a 2004 Quezon City ordinance6 prohibits discrimination
in the workplace on the basis of sexual orientation and a 2014 Quezon City ordinance7
prohibits a wide range of discriminatory acts against LGBT persons, the Philippine
House of Representatives issued Memorandum Circular No. 05-14 (MC 05-14) in 2014
prescribing that women wear dresses on Mondays and Tuesdays,8 hence compelling all
women employees to wear dresses, including lesbians whose preferred attire is shirts and
trousers. Failure to comply with the dress code results in sanctions, including being fired.
After concerns about MC 05-14 were raised in 2016, the human resources department has
not been conducting daily checks on the uniform worn by employees. However, MC 0514 has not been withdrawn.
The failure to pass a national Anti-Discrimination Law also means that crimes against
LBT persons are not taken seriously because the message from Congress is that LBT
persons in the Philippines have no rights to equality before the law, non-discrimination,
and safety.
RECOMMENDATIONS:
It is recommended that the government of the Philippines ensure that
Congress passes a comprehensive national Anti-Discrimination Law before
the next state review by the CEDAW Committee, and that this law includes
language that prohibits discrimination on the basis of sexual orientation and
gender identity.
4
Commission on Human Rights of the Philippines.
http://www.chr.gov.ph/MAIN%20PAGES/about%20us/01consti_creation.htm.
5
“CHR vows to promote gay, lesbian rights”. Inquirer.net, Dec. 6, 2008.
6
An Ordinance Prohibiting All Acts of Discrimination Directed Against Homosexuals in Any Office in Quezon City
Whether in the Government or in the Private Sector, and Providing Penalties for Violation Thereof, Quezon City
Ordinance No. SP-1309 (2004).
7
An Ordinance Providing for a Comprehensive Anti-Discrimination Policy on the Basis of Sexual Orientation, Gender
Identity and Expression, Quezon City Ordinance No. SP-2357 (2014).
8
House of Representatives Memorandum Circular No. 05-14, November 27, 2014.
3