Discrimination vs. LGBTQIA+ affecting opportunities, well-being —CHR exec

This is Part 3 of GMA News Online's series highlighting LGBTQIA+ issues in the police force and military.

Read Part 1 here: What it's like to be in the police force and be LGBTQIA+

Read Part 2 here: What it's like to be in the military and be LGBTQIA+

Although the Philippine National Police has no recruitment policy that discriminates against the LGBTQIA+ community, the PNP should update its policy and acknowledge more genders, Atty. Claire de Leon, the Commission on Human Rights (CHR) officer-in-charge for Gender Equality and Women's Human Rights Center, said.

“Isang magandang makita ay kung na-update na ba ‘yung human rights-based policing manual ng Philippine National Police. Kasi so far, doon sa huli kong check ay hindi pa ito na-update I think this 2013 and marami na tayong development since then when it comes to gender sensitivity and specifically SOGIE inclusive sensitivity,” she said.

(One good thing to see is if the Philippine National Police has already updated its human rights-based policing manual. So far, based on my last check, it has not been updated since 2013 I think. We have had many developments since then when it comes to gender sensitivity and specifically SOGIE inclusive sensitivity.)

“Doon sa 2013 human rights-based policing guidebook ng PNP, doon kasi while ina-affirm na dapat walang discrimination in terms of providing police service, ‘yung definitions ng male and female doon likely pa rin the transgender persons would be treated and detained according to their sex assigned at birth which thereby increases the vulnerability to harassment and violence,” she added.

(While the 2013 human rights-based policing guidebook of the PNP affirms that there should be no discrimination in terms of providing police service, the definitions of male and female would likely lead to transgender persons being treated and detained according to their sex assigned at birth which thereby increases the vulnerability to harassment and violence.)

According to her, the CHR has been engaging in the training of uniformed personnel when it comes to LGBT concerns. However, she said there is no guarantee that these efforts will translate to policy adjustments.

“Nagkakaroon din ng engagements ang CHR when it comes to training uniformed personnel on Space Spaces Act and other human rights concerns pero kung nata-translate ito into policies, ‘yun ang hindi pa natin alam,” she said.

(The CHR has had engagements when it comes to training uniformed personnel on Space Spaces Act and other human rights concerns. But as to whether this translates into policies, we do not know.)

De Leon pointed out that authorities are unable to record and track crimes directed against the LGBTQIA+ community because there is no law yet that defines a hate crime in the country. However, she said the CHR has monitored some reports of possible hate crimes against LGBTQIA+ persons.

De Leon said two important proposed legislations—SOGIE Equality Bill and the Comprehensive Anti-Discrimination Bill—that aim to help protect that LGBTQIA community are still pending in the House of the Representatives and the Senate.

“In terms of the SOGIE Equality Bill or the Comprehensive Anti-Discrimination Bill, mako-consider na rin natin na recent milestones ang pag-sponsor sa plenary sa Lower House ng SOGIE Equality Bill just recently I think a week or two weeks ago. In-sponsor ni Congresswoman Geraldine Roman sa plenary ‘yung SOGIE Equality Bill sa Lower House. While sa Senate naman, the SOGIE Equality Bill has been pending as Committee on Rules but the Comprehensive Anti-Discrimination Bill has moved a bit. Nagkaroon ng public hearings sa Committee on Social Justice on the Comprehensive Anti-Discrimination Bill,” she added.

READ: Rep. Roman, LGBTQIA+ groups urge Marcos to certify SOGIESC bill as urgent

READ: Hontiveros calls on new Senate leadership to pass SOGIESC bill

LGBTQIA+ persons face different forms of discrimination, harassment, injustices, and violence over their sexual identities, according to De Leon. In education and employment, policies that are not gender-affirming are affecting the opportunities and well-being of the LGBTQIA+ communities. De Leon said the CHR has monitored reports that some transgender students are forced to cut their long hair to be enrolled. The Commission also monitored some LGBTQIA+ persons are forced to wear uniforms and restrooms that do not align with their sexual identities.

Access to social services are also hampered due to discriminatory policies against LGBTQIA+ individuals. For example, during the height of the COVID-19 pandemic, the government distributed financial assistance per household. But, it only recognized nuclear households with a male father and female mother. Households headed by LGBTQIA+ persons were deprived of the much needed assistance. Same-sex unions are not yet legalized in the Philippines.

More reports of harassment were reported from the height of the COVID-19 in 2020 to 2022 including incidents where stiffer punishments were imposed on LGBTQIA+ persons who violated curfew including the shaving of their hair.

Worst, LGBTQIA+ individuals, particularly transgender persons, were being killed, according to De Leon.

Lagablab LGBT Network secretary general Jap Ignacio of Babaylanes said that many LGBTQIA+ people are having apprehensions to report to the police due to fear of discrimination. Aside from this, Ignacio noted that the police have a history of aggression towards the community especially during the times when anti-vagrancy ordinances were being implemented where LGBTQIA+ persons were usually getting arrested.

“Nandoon pa rin yung takot sa paglapit sa mga kapulisan dahil either may kaibigan sila na na-discriminate ng isang pulis. Siyempre, bakit pa ako lalapit, ayaw ko ring maranasan na ma-discriminate din dahil lang gusto kong humingi ng tulong. But also, nandoon din yung totoong kaso ng pagdi-discriminate ng ilang kapulisan sa mga LGBTQI na tao,” he said.

(There is still fear in going to the police because they may have a friend who was discriminated before by the police. Of course, they’ll think, why would I go to them? I do not want to be discriminated when all I want is their help. But there are really cases of discrimination by police of LGBTQI.)

Authorities also only use the “dead names” or the legal names of LGBTQIA+ persons instead of their lived names, Ignacio said. There is no law that acknowledges hate crimes so the attacks against the LGBTQIA+ persons are not easily tracked. Even if a murder was done with a homophobic or transphobic motive, it will be recorded as a simple case of murder.

According to Ignacio, the number of hate crimes in the country seems to be increasing because of the growing awareness of the public on LGBTQIA+ issues along with the improvement of their tolerance and acceptance towards the community.

Hard to join the police, military

Ignacio said it is hard for LGBTQIA+ persons to join the police and military service because they have to return to their closets to meet the standards and observe the policies of the institutions. He said the general view of Filipino society about uniformed service has always been associated with masculinity. Due to this, for many LGBTQIA+ persons in the uniformed service is taboo.

“Medyo challenging siya kahit ‘yung ilang mga LGBTQI people kung gusto talaga nilang mag-pulis o mag-sundalo, minsan napipilitan silang bumalik sa kanilang mga closets o hindi nila ihayag na sila ay isang L or G or B or T or Q or I. Taboo siya kasi ‘yun pa rin ‘yung mas malawak na pag-intindi ng ating lipunan na ang trabaho ng pulis at ng sundalo ay para lang sa mga macho at mas masculine na mga lalaki or kung ikaw ay isang babae dapat masculine ka pa rin o mas brusko o iyong pag-express ng iyong sarili ay parang lalaki,” he said.

(It is challenging for LGBTQI people to join the police or military. Some of them are forced to go back t o their closets, or they do not reveal if they are L or G or B or T or Q or I. It’s taboo because society generally thinks that police or soldiers should be macho or more masculine, or that if you are female, then you should be masculine or brusque like a man.)

Aside from this, Ignacio said LGBTQIA+ persons become the butt of the jokes during training for police and military service. They also feared that the authorities in the academies have unfair treatment for people like them.

“Minsan nagkakaroon ng challenges para sa mga LGBTQI na gusto sanang magpulis o magsundalo na dahil either magiging tampulan ng tukso o parang sila ‘yung magiging joke sa kanilang training o pag-aaral paano maging pulis. Medyo may takot din sila na baka yung mga guro nila doon sa mga academy o institute na ito hindi pantay o hindi pareho yung pagturing sa kanila,” he said.

(Sometimes there are challenges for LGBTQI who want to be a police officer or a soldier because they become the object of teasing or joking during training. There is fear that teachers in the academy or institute will not treat them fairly.)

For Ignacio, while the situation of LGBTQIA+ people is improving, he pointed out that it is not yet ideal. Ignacio is looking forward to the time when LGBTQIA+ persons will have no more fear in showing their love to their partners in public in the country.

“Mas madaming tumatapang na LGBTQI na naghahayag ng kanilang mga relasyon, ng kanilang identities. Noon, sobrang nakakatakot mag-holding hands kapag kayo ay dalawang babae o kaya ay dalawang lalaki. Pero ngayon kapag maglalakad ka sa mga malls, hindi ka na masyadong pinagtitinginan kung hahawakan mo ‘yung kamay noong taong mahal mo. There is a growing acceptance. It's not full but it is growing and hopefully one day mas maging buo na yung pagtanggap,” he said.

(More and more LGBTQI are becoming courageous in showing off their relationships and their identities. Before, people were afraid to hold hands if they were both females or both males. But now when you go to the malls, people will not mind it when you hold the hand of the one you love. There is a growing acceptance. It’s not full but it is growing and hopefully one day, there will be full acceptance.)

For young people aspiring to be police officers and soldiers, Police Lieutenant Jessie G. Quitevis advised them not to focus too much on their struggle but on what they can contribute to the PNP and the people. He also gave them assurance that the treatment of LGTBQIA+ persons by the police organization has already improved. Quitevis has been serving in the PNP for around a decade already and is proudly out despite initially experiencing discrimination.

“Ibang-iba na ngayon. Sa mga gustong pumasok, wala na ‘yun [discrimination]. Regardless kung sino ka, kung bakla, tomboy ka, lalaki ka, babae ka, hindi na ‘yun mahalaga sa PNP ngayon. Ang mahalaga is kung ano ang serbisyo na kaya mong ibigay sa PNP at sa mga tao. Basta huwag mo lang isipin na ikaw bilang bakla huwag mong isipin na ikaw ay liability ng organisasyon. Isipin mo na ikaw ay magiging asset. Baka malay mo ikaw na isang bakla ang magbibigay ng good change sa PNP,” he said.

(Times are so different now. For those who want to enter the service, the old discrimination is no longer there. Regardless of who you are, if you are gay, lesbian, male, female, it is not relevant to the PNP now. What is important is the kind of service you can render to the PNP and to the people. Do not think that that your being gay will make you a liability to the organization. Think of yourself as an asset. Who knows, you who are gay may be able to cause good changes in the PNP.)

“So ngayon, medyo struggle tayo sa pag-win ng trust ng mga tao ng publiko pero malay natin dahil tayo ay existing, masasabi kasi nila intimidating daw kasi ang mga PNP personnel. Malay natin sa presence namin sa PNP kami ang magiging equalizer at saka balance na hindi intimidating ang PNP. Ang PNP ay friendly forces,” he added.

(So now there is somewhat a struggle in winning the trust of the public. They think that PNP personnel are intimidating. Who knows, our presence in the PNP may be the equalizer and serve as balance to show that the PNP is not intimidating. The PNP are friendly forces.)

Ramon Mangaoang (or Moirah) who used to be with the Philippine Army's 7th Infantry Division, on the other hand, encouraged would-be applicants to be themselves. She said that if they really want to pursue a career in the military, they will push for it despite opposition from other people. Mangaoang, a transgender woman, advised them not to listen to rejections, and instead embrace the people who truly believe in their potential regardless of their sexual identities.

“Maging totoo ka lang sa sarili mo kapag pumasok ka. Kung gusto mong pumasok wala rin namang magagawa inside the institution kung talagang gusto mo. Sa totoo lang, may mangdi-discriminate sa ‘yo dyan. May mga taong hindi maniniwala sa ‘yo. May mga taong maniniwala sa ‘yo. Para sa akin ang pakinggan mo lang is ‘yung mga taong naniniwala sa ‘yo kasi by that kakayanin mo e kasi minsan kahit hindi kaya ng katawan natin kapag sinabi ng utak natin kakayanin talaga natin. Be positive in your own path. Be unique. Kapag unique ka, nae-express mo nang maayos ang sarili mo. Nagiging mas matagumpay ka sa ginagawa mo,” she said.

(Be true to yourself when you enter the service. If you really want to serve, the institution will not do anything about it. The truth is, someone will discriminate against you. Some people will not trust you. But there are some people who would. For me, just listen to those who believe in you because if you do, you will be able to overcome all challenges despite what your body would say… If you are unique, you can espress yourself well. You will be victorious in all that you do.)

“At saka, Diyos ko, 2024 na,” she added.

(And of course, dear God, it’s already 2024.) —KG/RSJ, GMA Integrated News