1 Towards an Enabling Policy Environment for State Inclusion of LGBT Human Rights in the Philippines Tesa Casal de Vela Miriam College – Department of International Studies Philippines
2 Introduction • Philippine State inclusion of LGBT rights -- a struggle of more than 20 years Resear ch Question What are the socially constructed • Study critically examines the policy discourses shaping the public debates policy debate for the passage of a • Policy focus is the proposed Anti- Philippine national law on LGBT Discrimination Bill (ADB) human rights? • Analytical approach uses discourse • The policy environment? analysis • Actors involved? I N T R O D U C T I O N • Their positions? • Underlying discourses? • Counter or alternative discourses? I N T R O D U C T I O N
3 Tracing LGBT discourses -- from sin, sickness, & crime towards human rights & public policy • LGBT as SIN discourse from religious condemnation e.g. Catholic church • LGBT as SICKNESS discourse from towards… medical pathologization e.g. sexology T R A C I N G L G B T D I S C O U R S E S and psychiatry • LGBT as HUMAN RIGHTS discourse • LGBT as CRIME discourse from • LGBT PUBLIC POLICY for legal recognition and protection criminalization e.g. penal system . T R A C I N G L G B T D I S C O U R S E S
4 Current state of LGBT state inclusion • In the Philippines, no national law that criminalizes LGBT people At the national level… • No national law that protects LGBT • people Bills filed in House of Representatives and Senate for the recognition and protection of LGBT human rights • There are public policies at the local L G B T S T A T E I N C L U S I O N level • House of Representatives, a total of 18 bills were filed between 1995 and 2016 • 24 Local Government Units (LGUs) passed ordinances against the • Senate, a total of 15 bills were filed discrimination of LGBT persons between 2004 and 2016 L G B T S T A T E I N C L U S I O N
5 Why are the bil ills not being passed? Who are behind these proposed bil ills? What are their arguments? Who are against? What are their arguments? What can facilitate the passage of a national la law? L G B T S T A T E I N C L U S I O N L G B T S T A T E I N C L U S I O N
6 Method - - Policy - as- Discour se Selection of bills -- versions of the ADB that progressed most: • HB 2784 (later refiled as HB 6416) progressed up to the third reading in the lower house • HB 5687 (consolidated version of Document reviews • HB110, 1842, 342, 1230, 2571 & Actual bills • 2572) passed the committee Position Papers, Statements, and/or P O L I C Y - A S - D I S C O U R S E level and was pending in the Reference Materials • committee on rules In support & in opposition to the bill • Minutes of meetings Data sources • Document reviews Key informant interviews • • Key informant interviews Legislators • Civil Society Organizations P O L I C Y - A S - D I S C O U R S E
7 Method - - Policy - as- Discour se Discourse Analysis • First identified the broad thematic clusters of discourses Highlights… • Second identified the specific • arguments for or against discourses within each cluster • representation of key objects (i.e. LGBT people, the state) • Analyzed positioning within texts • assigned realities guided by FDA P O L I C Y - A S - D I S C O U R S E • asserted worldviews • connections & distinctions of discourses • discrete discourses • position-location of the discourses P O L I C Y - A S - D I S C O U R S E
8 Results 12 th Congress HB 2784 / 6416 Policy Environment • • Hindering/Regressive conditions: Facilitative/Progressive conditions: • • Public awareness and support for Filing of ADB LGBT rights was lacking/low (i.e. • SWS survey 92-95% disapprove) Height of LGBT organizing • • Prevalent attitude as ambivalent, Strong local LGBT political P O L I C Y E N V I R O N M E N T at best tolerant organizing created strong lobby for the bill (i.e. LAGABLAB), supported by international LGBT groups (i.e. ILGA and IGLHRC) P O L I C Y E N V I R O N M E N T
Results 9 12 th Congress HB 2784 / 6416 Actors involved Actors in Support (Pro) Local LGBT organizations International civil society organization • • KATLO AI • • LAGABLAB GBS • GAHUM Academe-based human rights organizations • • CLIC UP Institute of Human Rights • • LEAP Ateneo Human Rights Center • PROGAY National government agencies • • INDIGO CHR • • KABARO-PUP DOH • • WSWC AFP • • TLF PNP Religious LGBT organizations Local government unit A C T O R S I N V O L V E D • • MCC Quezon City Council • Local lawyers’ association Order of St. Aelred • International LGBT organizations Las Piñas Bar City Association • ILGA Religious organizations • • IGLHRC UCCP • • Asian Lesbian Caucus of ILGA INC A C T O R S I N V O L V E D
Results 10 12 th Congress HB 2784 / 6416 Actors involved Actor Opposed (Anti) Religious organizations • CBCP • Abay Pamilya • Association of Salesian Cooperators • Courage Philippines National government agency • AFP A C T O R S I N V O L V E D A C T O R S I N V O L V E D
Results 11 12 th Congress HB 2784 / 6416 Discourses in Support Legal Human Rights Discourses Asserts legal arguments Victimization of LGBT People Discourses Highlights oppressive conditions of LGBT people Philippine Development Discourses Emphasizes contribution to national progress if there is LGBT recognition Christian Love Discourses Focuses on value of love and equality of all in the eyes of God D I S C O U R S E S D I S C O U R S E S
Results 12 12 th Congress HB 2784 / 6416 Discourses in Support Legal Human Legal Human Rights Discourses Rights Discourses Philippine Development Philippine Development Discourses Victimization of Discourses LGBT People Victimization of LGBT People Discourses D I S C O U R S E S Discourses Christian Christian Love Discourse Love D I S C O U R S E S
Results 13 12 th Congress HB 2784 / 6416 Discourses Opposed Legal/Unconstitutional Discourses Asserts legal arguments against the passage of bill Philippine Morality Discourses Pose challenges and changes to Filipino values, beliefs, and practices Right to Discriminate Discourses Right of certain individuals and institutions to set standards and criteria D I S C O U R S E S D I S C O U R S E S
Results 14 12 th Congress HB 2784 / 6416 Discourses Opposed Legal/ Unconstitutional Legal Human Rights Discourses Discourses Right to Philippine Development Discourses Philippine Discriminate D I S C O U R S E S Victimization of LGBT People Discourses Morality Discourses D I S C O U R S E S
Summary 15 12 th Congress HB 2784 / 6416 Discourses Discourses In Support Discourses Opposed “The AFP is not assailing the ability of homosexuals, however, just like any Legal/ Legal Human organization it has the prerogative to Legal Human Rights Discourses Legal Human Rights Discourses Unconstitutional Rights Discourses screen and admit members in Discourses accordance with its established standards aimed at maximizing its effectiveness.…it is maintained that individuals who display and manifest overt acts of their homosexual Philippine Right to Development Philippine Development Discourses orientations and propensity to indulge in Philippine Development Discourses Victimization of Discourses Discriminate Philippine such acts, shall be excluded from the Victimization of LGBT People Discourses LGBT People D I S C O U R S E S Morality Victimization of LGBT People Discourses profession of arms.” Discourses Discourses (Armed Forces of the Philippines (AFP) Christian Christian Love Position Paper, 30 January 2002) Love Discourse D I S C O U R S E S
16 Results 16 th Congress HB 5687 Policy Environment • Facilitative/Progressive conditions: • Introduction of local anti- • Numerous versions of the ADB by discrimination ordinances (ADO) various authors • Significant developments in the • Increased recognition for LGBT UN in support of LGBT rights human rights among legislators and • Hindering/Regressive conditions: presumably their constituencies • Many old LGBT groups involved • Increased public awareness and P O L I C Y E N V I R O N M E N T in the lobby closed down support for LGBT issues • Lagablab seized to exist • AngLadlad able to run as partylist • Lack of a unified front of LGBT in 2013 elections community • Number of LGBT groups increased • Groups opposed to bill increased P O L I C Y E N V I R O N M E N T
Results 17 16 th Congress HB 5687 Actors involved Actors in Support (Pro) Local LGBT organizations Academe-based gender equality • Rainbow Rights organizations • Ganda Filipinas • UP DGO • Babaylanes, Inc. • MC WAGI • TLF * • ATP National government agencies • GALANG • PCW • LADLAD • PNP-WCPC • CSC • CHR * International LGBT organization A C T O R S I N V O L V E D • IGLHRC * • DOLE-BWSC International civil society organizations • DAWN * Organizations involved also in the 12 th • AI * Congress A C T O R S I N V O L V E D
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