Foreword
An inclusive Philippines is inevitable.
Inclusivity, in essence, is not just an idea of equality but is a way of living that values respect over bias. Practicing this ensures that every Filipino will know by heart that they belong despite present differences. We welcome these differences as a hallmark of social diversity. We embrace our differences knowing that our act of acceptance is an act of inclusion.
In pushing for an inclusive Philippines, the Philippine LGBT Chamber of Commerce marks another milestone by continuing a conversation we started in 2016: the need to amplify LGBT+ voices in an election season through the LGBTVote PH initiative. This program aims to address that disconnect between our aspirations as people of diverse SOGIE and the pervasive socio-economic disparities that continuously hinder our growth. Gaps must be narrowed and our political candidates must clearly engage us in this conversation.
The LGBTVote PH 2022 will not be possible without those who relentlessly push for greater inclusion, equality, and acceptance. We are thankful to our partners, allies, and fellow advocates across the nation who selflessly contributed their experiences and thoughts on how it is like to be a Filipino LGBT+. They are warriors brimming with hope, standing united with pride and love together with the rest of the community. Continue to take up space. Trust that our voices are valid.
The road to an inclusive Philippines is never easy; but we believe that this is a journey that takes us to the end of the rainbow. Leadership must commit to this inclusive path and the LGBT+ people are here as equal partners. Amidst the noise and confusion, let this 2022 elections genuinely echo our call for a society that fully embraces all its people.
The fight for equal love continues.
Ronn Astillas
PLCC Chairpersson
Research Background and Objectives
A recent report on global gender disparities and progress submitted by the World Economic Forum indicates that the Philippines remain one of the countries with a “high gender equality index;” ranking 17th out of the 156 countries surveyed while ranking 2nd for East Asia and the Pacific region. However, the said index does not accurately depict the actual situation of the minor Filipino groups who are still experiencing discrimination based on their sex and gender. According to the 2021 SPARTACUS Gay Travel Index, which measures the living conditions and legal protection for the LGBTQIA+ members, the Philippines ranked 117th out of 202 countries assessed; within the same ranks of Myanmar, Lebanon, Burkina Faso, Nicaragua, and Turkey. The country scored a total of negative seven (-7) rating due to the absence of civil partnerships, transgender and intersex rights, as well as violence against the LGBT. The Third Philippine National LGBT Community Dialogue conducted by UNDP and USAID with 50 LGBT organization representatives also identified similar issues concerning the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+) individuals who are still faced with challenges specific to education, health, employment, family, media, religion, and politics due to their Sexual Orientation and Gender Identity (SOGIE). With these concerns, the LGBTQIA+ Community in the Philippines has been known to continuously express solidarity as they fight for their rights which started with 1994’s first gay pride march up to their first organized national pride movement in the country in 2016. In their movements, the community has cited numerous stories of LGBTQIA+ members experiencing oppressive violations or discriminatory treatment from family, peers, and society that deeply affected their lives. These incidents show that even if there were various successes done to address the gaps when it comes to gender, community discussions with the affected population should be conducted in order to understand the nation’s progress towards a more inclusive and gender-safe Philippines.
Being one with the efforts of the LGBT community towards inclusivity, the Philippine LGBT Chamber of Commerce in partnership with COMELEC’s Vote Pilipinas, launches its second LGBT Vote PH. The initiative aims to establish a space for the community to share their perspectives on an array of LGBTQIA+ related policies, particularly on Gender Diversity, Equity, and Inclusion (DEI), and analyze the nation’s political aspirants’ advocacies and platforms with a gender lens. For this project, the team conducted an open qualitative survey through Google Forms from December 22, 2021, to January 27, 2022 in which forty-six (46) had eligible responses. A series of one and a half (1.5) to two (2) hour focus group discussions (FGDs) were also done with thirty-five (35) participants coming from Luzon (12), NCR (7), Visayas (6), and Mindanao (10) who were at least 18 years old and self-identified as part of LGBTQIA+ Spectrum. Furthermore, the research also made use of related literature (i.e. peer-reviewed studies, recognized online media articles, and virtual copies of legislations) to further research the statements from the open survey and FGDs. The said approaches were employed to explore the insights of the LGBTQIA+ community regarding their pressing concerns and their perceived impact of the government’s position and initiatives to address them. The research findings will be utilized as a foundation to recommend actionable steps that can deliver a positive change for the LGBTQIA+ community.
Assessing the Current Landscape of the LGBTQIA+ Community
EXECUTIVE SUMMARY
Based on the LGBT Vote PH 2022 survey, fifty-one percent (51%) of the respondents say that they are ‘very dissatisfied’ with the government’s policies and programs on Gender Diversity, Equity, and Diversity (D.E.I.). Respondents cited pressing issues that they have experienced and observed such as ‘access to proper and professional health care needs’, ‘discrimination’, ‘civil rights’, and ‘relationships with family’. These pressing issues were further elucidated during a series of focus group discussions where participants shared that despite a number of local activities to promote Gender D.E.I., there are several key areas that still require attention and further intervention. Through their insights, the research categorized five (5) main areas that explore the current state of the LGBTQIA+ which are: (a) Inclusive legislation and enforcement, (b) access to health, (c) LGBTQIA+ in the family and community, (d) gender expression in schools and workspaces, and (e) representation in media and politics. The issues of the aforementioned areas are not new to the community and are meant to serve as an update to the existing literature regarding the LGBTQIA+ in the Philippines, specific to existing policies that need improvement in terms of implementation, and new initiatives to be done in collaboration with various entities concerned such as the LGBTQIA+ community advocates coming from the general population, persons with disabilities (PWDs), elderlies, and youth.
(a) The FGDs have highlighted pressing concerns on inclusive legislation and initiatives which deprive the Filipino LGBTQIA+ to experience the same rights and protections as their heterosexual counterparts. And although there are existing legal remedies to circumvent concerns on property succession, gender-based discrimination, and violence, they do not thoroughly protect an individual’s SOGIE due to the perceived lack in both planning and enforcement of laws. This gap identifies several opportunities where the government can intervene and protect the LGBTQIA+ such as but not limited to the prioritization of the passing of a national Anti-Discrimination Law, promoting the development of Gender and Development programs for LGU stakeholders, and improvement of ordinances that aim to protect individuals from SOGIE-based offenses.
(b.) The situation of the HIV/AIDS endemic in the country is further aggravated by the influx of COVID-19, causing a decrease in funding and services for HIV/AIDS mitigation and treatment which target men who have sex with men (MSM) and transgender women (TGW). While there are laws and initiatives in place to address HIV and the stigma associated with contracting the disease, demands for enforcement that can address the vulnerable populations outside of highly urbanized cities remain to effectively prevent and treat HIV/AIDS in the country. Aside from HIV, concerns over the automatic ban of LGBTQIA+ for blood donation and having access to several medical services and treatments needed are highlighted by the participants as important.
(c.) Aside from legal and health barriers, constant discrimination, neglect, and abuse at the home place the Filipino LGBTQIA+ at risk of acquiring physical, mental, emotional, and/or psychological turmoil. Being subjected to homophobic standards in their immediate environment, LGBTQIA+ children are prone to encountering various acts of abuse from their families due to their SOGIE. These experiences eventually impact the way they perceive adulthood, committing to risky behaviors which often lead to physical, mental health and social concerns. To make sure that inclusive governance is felt in the household and grassroots, there are several efforts that must be done by the government in collaboration with LGUs to educate parents, raise SOGIE awareness through campaigns, create safer spaces (ie unisex bathrooms) and extend adequate treatments for those who were once subjected to abuse, neglect, or violence on the basis of their SOGIE.
Aside from children and adults, LGBTQIA+ elderlies and PWDs shared concerns on receiving appropriate care from retirement or health institutions. On one hand, research reveals how elderly sexual minorities experience mental and financial issues as they deal with their retirement lives due to several factors which include discrimination and fear of neglect from their loved ones. And on the other hand, deaf participants have indicated difficulties in accessing health services or participating in various activities and dialogues for the LGBTQIA+ due to the lack of services that would bridge their accessibility concerns (i.e. sign language interpreters). With this, there is a call for the government to promote the inclusion of the elderlies and PWDs in policy-making to ensure that their needs are being taken into account when developing initiatives for the LGBTQIA+.
(d.) Even outside their homes and immediate community, the Filipino LGBTQIA+ remain to likely develop similar negative health outcomes as they encounter gender-based stigma and discrimination in their schools or workplaces. As such, opportunities to improve DepEd’s Department Order No. 32 known as Gender-Responsive Basic Education Policy are also lobbied with the continuous discrimination that students experience from teaching personnel due to their haircut policies and dress codes. Training programs on LGBTQIA+ topics for teaching and non-teaching personnel remain vital in knowledge sharing to help educational institutions teach, and also prevent students from facing issues on the basis of their SOGIE.
Based on a 2018 survey, there are zero local companies that have concrete policies or programs for gender inclusivity. Without these types of programs in the workspace, LGBTQIA+ individuals in various industries continue to experience discrimination in getting a job, and from dealing with their colleagues at work due to existing gender stereotypes. Knowing that employees in the public sector practice inclusive rules (i.e. trans genders are able to wear clothing appropriate to their gender), the expansion of gender-inclusive policies in private institutions which can emulate a similar practice is demanded.
(e.) Genuine representation is also highlighted as a pivotal factor in championing the needs of the LGBTQIA+ in both politics and media. Despite the rise of several media to acknowledge or represent gays and lesbians, new concerns on the rise of online bullying and media disinformation against the LGBTQIA+ are highlighted as a concern for the community. Existing laws on cybercrime will help this concern however, regulation and prevention are two important areas to be given the effort by the government to protect those who are subjected to the said offense.
Aside from the media, research shows that direct involvement of the LGBTQIA+ in consultations is vital in crafting and implementing activities that address their concerns. There is also an importance in having direct dialogues and establishing grassroots level committees for LGBTs, especially in Mindanao where LGBTQIA+ are often neglected due to conservative practices. Discussions also reveal how some participants appreciate the inclusion of gender identifiers in select LGU forms as part of their initiative to become more inclusive and ready to address individuals based on their actual SOGIE. These types of actions are possible if government leaders who belong in the LGBTQIA+ spectrum should help lobby the demands of the community. And to make sure that demands actually serve as solutions that will impact the Filipino LGBTQIA+, having a united framework that includes those who are in the grassroots, is strategic in building policies on Gender DEI.
ENFORCING QUALITY SOGIESC-INCLUSIVE LEGISLATION AND IMPLEMENTATION
In national legislation, inclusive policies or laws signal the commitment of a government to develop a nation that provides equal and fair treatment of its constituents. However, seventy-six (76%) percent of the respondents from the LGBT Vote PH 2022 survey expressed that despite the known efforts to craft policies for gender inclusivity, the challenges on civil rights particular to same-sex unions, property ownerships, and succession are being experienced by the community at present. These challenges as manifested in the FGDs, take root from the underlying problems in the absence of specific laws regarding the civil rights of same-sex partners, lack of implementing rules and regulations (IRR) for ordinances that aim to protect LGBT people from discrimination, lack of programs to support LGBTQIA+, and insufficient information dissemination on available legal remedies for the concerned community to access.
On property ownership and succession of same-sex partners
Three (3) participants from Luzon and a gay man from NCR shared concerns on how the LGBTQIA+ experience negative consequences on the fact that there is no law that legally recognizes same-sex unions. In fact, a trans woman from Luzon shared the struggle of a bereaved acquaintance who invested in multiple properties for a decade with their partner. However, when the partner passed away, their ‘shared’ properties were automatically succeeded by the latter’s family members and unfortunately, nothing was shared with the partner. The said participant reasoned that perhaps these “sad” cases of property succession could be due to same-sex partners are not informed enough on how they can legally address their situation; given that same-sex relationships remain distinctly treated from heterosexual marriages. Another trans woman participant from the same region also highlighted that the social culture behind the country’s existing civil laws and unequal treatment of LGBTQIA+ families remains as an opposing factor to the notion of domestic legal same-sex unions or marriages. Her statement is linked to the absence of a clear law that ensures the right for same-sex unions in the country despite the clamor from the LGBTQIA+ community and their allies to address the extremely conservative culture of the majority. But with the petition to recognize same-sex marriages being dismissed with finality by the Supreme Court on January 2020, the protection, treatment, and the right of same-sex partners to form a family and establish automatic succession like hetero-sexual families enjoy remains in limbo.
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