| Click here for a summary of the Philippines’ review at the first cycle and/or the second cycle. |
27th UPR session
Date of review: 8 May 2017
Date of report adoption: 22 Sep 2017
Document number: A/HRC/36/12
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SUMMARY SOGIESC issues during Philippines’ 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
National Human Rights framework
20. JS4 recommended strengthening the role of CHRP to include investigating human rights violations based on sexual orientation and gender identity.
Equality and non-discrimination
22. JS4 stated that the 1987 Constitution did not explicitly mention sexual orientation and gender identity as grounds for protection, making subsequent policies and programmes non-responsive to the various forms of discrimination against LGBTIQ persons.
23. JS13 stated that transgender persons will continue to suffer discrimination as long as there was no law or policy enabling them to change their name and civil status.
24. JS4 stated that the Reproductive Health Law and its corresponding programmes did not cater for the reproductive health needs of lesbian, transgender and intersex persons, 37 who experienced discrimination due to the non-recognition of same-sex partnerships.
25. JS11 stated that there had been a rise in the on-line abuse of the LGBTIQ community which had taken the form of hate speech, harassment and bullying. JS4 stated that hate crimes had been treated as “ordinary” crimes and recommended the adoption of legislation specifically criminalizing hate crimes based on sexual orientation and gender identity. JS6 stated that bullying of children were on the rise.
26. JS13 called for the prosecution of alleged violations of the rights of LGBT persons, which were fuels by conservative religious beliefs.
II. Excerpts on SOGIESC issues from the national report
Socio-economic Agenda
8. GPH’s AmBisyon Natin 2040 echoes the Filipino people’s long-term vision for a strongly rooted, comfortable, and secure life. In achieving this, the Philippine Development Plan (PDP) 2017-2022 adopts a culture-sensitive perspective, gender-sensitive paradigm, and human rights-based approach in public service. It acknowledges accomplishments of previous administrations, adopts good practices, and considers the lessons therefrom for a solid foundation for inclusive growth, a high-trust society, and a competitive knowledge economy. GPH makes the necessary policy and regulatory environment and provides public goods and services by enhancing the social fabric, reducing inequality, and increasing potential growth. Our Ten-Point Socioeconomic Agenda aims to combat generational poverty, improve living standards, and sustain high economic growth by, among others, investing in human capital development and improving social protection programs.
Lesbian, Gay, Bisexual, Transgender (LGBT) Recommendation 131.30
96. GPH has anti-discrimination laws and policies protecting all sectors, including the LGBT. The MCW provides for equal treatment of every individual regardless of ethnicity, gender, age, language, sexual orientation or other status as established by human rights standards. In 2016, Representative Geraldine Roman of Bataan became the country’s first transgender elected to Congress.
97. Civil Service Commission (CSC) Memorandum Circular (MC) No. 29-2010 prohibits discrimination against LGBTs applying for civil service examinations. In addition, the CSC’s Revised Policies on Merit and Promotion plan include a provision that inhibits discrimination in the selection of employees based on various criteria including gender.
98. The bill prohibiting discrimination on the basis of Sexual Orientation and Gender Identity and Expression (SOGIE), aimed to ensure equal treatment in the workplace, schools, commercial establishments, and government offices is currently pending in Congress. In the meantime, 19 LGU have enacted their own Anti-Discrimination ordinances. DSWD also issued a memorandum respecting the right of LGBT personnel to wear uniforms based on their preferred SOGIE.
Recommendations 131.20–131.21
155. The Philippine Judicial Academy (PHILJA) continues its conduct of seminars, workshops and other judicial and legal education programs for justices, judges, court personnel and lawyers, and officials and lawyers of quasi-judicial bodies, whether pertaining to their adjudicative or administrative functions. Part of PHILJA’s special focused programs is conducting seminars and lectures in the current developments, as well as emerging issues in particular areas of law, including Gender Sensitivity and Human Rights and International Humanitarian Law.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. The Committee on Economic, Social and Cultural Rights expressed concern at the delay in adopting a comprehensive anti-discrimination law, as proposed in Senate bill No. 2475. It was also concerned at the discriminatory provisions in the existing laws, including section 29 (a) of the Immigration Act and sections 269 and 272 (b) of the Labour Code, as well as at the discriminatory application of laws, such as article 200 of the Revised Penal Code, against lesbian, gay, bisexual, transgender and intersex persons.
14. The Human Rights Committee expressed concern at the prevalence of stereotypes and prejudices against lesbian, gay, bisexual and transgender persons in the military, the police and society at large, and recommended adopting a comprehensive antidiscrimination law that prohibited discrimination on the basis of sexual orientation and gender identity.
15. The Committee on the Elimination of Discrimination against Women noted with concern that discriminatory gender stereotypes, the lack of an adequate support system and stigma posed barriers to access to justice and effective remedies for women. 22 It recommended strengthening efforts to ensure the full and timely implementation of the Women’s Priority Legislative Agenda,23 and fully enforcing the Magna Carta of Women.
16. UNICEF expressed concern about gender-based discrimination against men and boy victims of rape because of the lower penalties handed down to their rapists when compared to similar crimes involving victims who were women and girls.
Administration of justice, including impunity, and the rule of law
38. The United Nations country team referred to a relevant supported recommendation and stated that the Philippines had made good efforts to increase gender sensitivity in the courts. However, women with disabilities and from marginalized groups experienced discrimination in the formal and informal justice systems.
Women
70. Referring to the relevant supported recommendations, the United Nations country team stated that Muslim women, indigenous women, women with disabilities, women who were migrant workers, internally displaced women and lesbian, bisexual, transgender and intersex women faced a heightened risk of violence, exploitation and abuse, as well as discrimination in political and public life, marriage and family relations, employment, education, access to justice and health care.
78. The Human Rights Committee was concerned at the lack of legislation providing for the dissolution of marriages, which might have the effect of compelling victims of sexual and gender-based violence to remain in violent relationships.
IV. References to SOGIESC issues during the Working Group review
6. The President of the Philippines, Rodrigo Duterte, was at the helm of the Government because the people had demanded real change. Filipinos longed for the rule of law, equality and respect for the human rights of all people regardless of faith, social status, sexual orientation, age, disability or ethnicity, or of whether they were from urban or rural areas.
29. Brazil welcomed efforts to prohibit discrimination based on sexual orientation and gender identity but was concerned about the alleged number of disappearances and extrajudicial killings.
72. A specific law prohibiting discrimination on the basis of sexual orientation was being pursued. However, there were statutes, local government ordinances and jurisprudence that addressed discrimination and hate crimes, including on the grounds of sexual orientation and gender identity.
117. Uruguay welcomed the efforts to protect victims of human trafficking and achievements in the fight against discrimination and violence based on sexual orientation and gender identity.
V. Conclusions and/or recommendations
Philippines noted the following recommendations:
133.63 Consolidate its recent progress through implementation of comprehensive anti-discrimination legislation covering sex and sexual orientation, gender identity and intersex status (Australia);
133.64. Eliminate discriminatory stereotypes based on gender (Honduras);
133.157. Adopt measures to prevent, eliminate and end impunity for all forms of sexual violence, including by improving the investigation and prosecution of sexual offenders and ensuring that penalties are applied consistently (Canada);
VI. Further information
You will find all documents relating to Philippines’ third review at UPR-Info and OHCHR’s websites.