UP Babaylan x Project Embrace

Members of UP Babaylan attended the publicity shoot for CMC ISA's Project Embrace. Here are some of the photos of the members who attended the publicity shoot. These photos were used as part of the online promotion of Project Embrace.

You may read more about Project Embrace here: https://www.facebook.com/ProjectEmbrace

GENDER IDENTITY IS A HUMAN RIGHT

The official position of the Society of Transsexual Women of the Philippines (STRAP) on House Bill No. 4530 and Senate Bill No. 3113 also known as "An act further authorizing the city of municipal civil registrar or the consul general to correct clerical or typographical errors in the date of birth or sex or a person appearing in the civil register without need of a judicial order amending for this purpose the pertinent provisions of Republic Act No. 9048"

As the day of hearts fast approaches, we, the members of the Society of Transsexual Women of the Philippines (STRAP)*, are heartbroken that members of Congress (REPRESENTATIVES GUNIGUNDO, ROMUALDO, MIRAFLORES, ALVAREZ (M.), ESPINA, ARNAIZ, RODRIGUEZ (R.), RODRIGUEZ (M.), TUPAS, CASIÑO AND RELAMPAGOS) and the Senate (SENATORS TRILLANES AND ESCUDERO) are seeking to amend Republic Act (RA) 9048 or the Clerical Error Law of 2001 that would effectively illegalize the lives and identities of transgender/transsexual Filipinos including those who are intersex.

Section 5 of HB 4530 and SB 3113 reads "NO PETITION FOR CORRECTION OF ERRONEOUS ENTRY CONCERNING THE DATE OF BIRTH OR THE SEX OF A PERSON SHALL BE ENTERTAINED EXCEPT IF THE PETITION IS ACCOMPANIED BY EARLIEST SCHOOL RECORD OR EARLIEST CIVIL DOCUMENTS SUCH AS, BUT NOT LIMITED TO, MEDICAL RECORDS, BAPTISMAL CERTIFICATE AND OTHER DOCUMENTS ISSUED BY RELIGIOUS AUTHORITIES; NOR SHALL ANY ENTRY INVOLVING CHANGE OF GENDER CORRECTED EXCEPT IF THE PETITION IS ACCOMPANIED BY A CERTIFICATION ISSUED BY AN ACCREDITED GOVERNMENT PHYSICIAN ATTESTING TO THE FACT THAT THE PETITIONER HAS NOT UNDERGONE SEX CHANGE OR SEX TRANSPLANT.(emphasis ours)"

While we note that our lawmakers recognize the reality of surgical sex change, or more correctly sex reassignment surgery (SRS), we are dismayed that they seem to be in denial of the very idea behind this medical procedure that has been available since the 1920's:

a) that sex does and can be changed ;

b) that there exist people in society who prefer a gender or have a gender identity/expression other than the one recorded in their birth certificates, now known under the modern terms transgender/transsexual (trans for short) or intersex;

c) and that recognizing trans and intersex people under the law means respecting and affirming the gender they choose or prefer.

In fact, many nations across the globe have taken steps to recognize their trans and intersex citizens' right to a chosen gender identity such as Singapore, Hong Kong, Japan, Nepal, Australia, Denmark, Finland, France, Germany, Italy, Norway, Spain, Sweden, United Kingdom, South Africa, some jurisdictions in the United States and other countries based on evidence that not having documents that reflect their gender identity/expression make them vulnerable to prejudice and discrimination. The UN High Commissioner for Human Rights, Navi Pillay, in a statement in September 2011, has herself underscored the importance of protecting the right to legal sex change and called on all states of the world "to review their own laws, policies and practices to ensure that discrimination against transgender and intersex individuals is addressed in a systematic and effective way."

Clearly, the above-mentioned legislative initiatives from both chambers of the Philippine House of Representatives are a step in the wrong direction. Moreover, HB 4530 and SB 3113 perpetuate anti-transgender or transphobic attitudes and justify the marginalization of trans and intersex people in Philippine society. Their subscription to a medical view of transsexualism/intersexuality also contributes to the continued pathologization of a minority who, in their daily lives, have to confront violence, abuse, torture, and cruel and inhumane treatment based on their gender identity or gender expression.

We, the members of the Society of Transsexual Women of the Philippines (STRAP), therefore urge members of Congress and the Senate to recognize and accept the reality of sex and gender diversity and recall HB 4530 and SB 3113. Instead, we ask them to amend RA 9048 in a way that would lead to a better quality of life for trans and intersex Filipinos by allowing us to change our first name and sex in the birth certificate in simple and easy steps. As well, we urge Congress and the Senate, to immediately pass legislation recognizing trans and intersex Filipino citizens in our chosen gender with no requirement for surgical modification of the body.

In closing, we note with irony that SB 3113 was filed in the Senate Committee on Justice and Human Rights. Justice for and the protection of the human rights of trans and intersex Filipinos will be best served if the government heeds the call to end violence, criminal sanctions and related human rights violations based on gender identity or expression in the Philippines. Justice for and the protection of the human rights of trans and intersex Filipinos will only truly begin by recognizing us as people under the law as the gender we say we are. Justice for and the protection of the human rights of trans and intersex Filipinos will only prevail if the government accepts that its right to identify its citizens by gender stops at the right of those citizens to determine their own gender identity. Our gender identity is our human right. Help us protect it. 

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* The Society of Transsexual Women of the Philippines (STRAP) is the pioneer support group and human rights advocacy organization of transpinays (transgender/transsexual Filipinas). We seek to improve the public understanding of transsexualism, campaign for the right to define one's gender identity and expression and work towards building a supportive community amongst transgender/transsexual Filipina girls and women and a society free from transphobia and discrimination.

HB515 Anti-Discrimination Bill Committee Hearing Photos

photo : Atty. Kaka Bag-ao

Present during the House Committee hearing for HB515 or the Anti-Discrimination Bill were Atty. Venir Turla Cuyco (founding president of UP Babaylan), Ms. Ramil Andag (Executive Director of Babaylanes - UP Babaylan Alumni Association) Ms. Daria Barra (UP Babaylan Alumna) and Ms. Heart Dino (UP Babaylan Member, UP Diliman University Student Council Councilor, Head of the USC Gender Committee). They are with Akbayan Representative and Co-author of HB515, Atty. Kaka Bag-ao.

photo:  Alyansa

Sponsorship speech for HB515 - Anti-Discrimination Bill

this is from the facebook page of Akbayan representative Atty. Kaka Bag-ao

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Fulfilling the promise of basic fairness

Sponsorship speech of Akbayan Rep. Kaka Bag-ao on the Anti-Discrimination Bill (HB515)

September 27, 2011 / Committee on Women and Gender Equality

Good afternoon, Madam Chair and honorable members of the committee.

In an interview in New York during the Asia Society Forum last month, President Noynoy Aquino reiterated his position on LGBT rights: that while the Aquino government is not ready to tackle the issue of same-sex marriage, it believes that LGBTs should not be discriminated.[1]

The statement of the President breaks the atmosphere of invisibility and silence that the previous GMA administration has build around the issue of equal rights. For almost a decade, the Philippine government turned a blind eye to the plight of Filipino lesbians, gays, bisexuals, and transgenders, and instead of engaging in meaningful dialogues about the inclusiveness of human dignity, it allowed divisive sectarianism to trump equal rights. Not everyone would be pleased about the stance that President Aquino made on same-sex marriage: by stating that it is not his administration’s priority, those who are opposed to it would see the stand as tepid; on the other hand, those pushing for same-sex marriage would see it as a concession to the Catholic Church.

But whether one is anti or pro same-sex marriage, it is important for all of us to step out of the hostile atmosphere that has marked our discussions on LGBT rights and go back to where the debate should be situated: within the context of human rights and equality. This is why the pronouncement of President Aquino is important: that whether we believe in same-sex marriage or not, we should all make a stand for equality.

The nature of the bill that we are tackling today, Madam Chair, is precisely that: basic fairness, and realizing the promise of equality guaranteed in our constitution. It reflects the yearning of many Filipinos for that chance to be treated as equals, and to live in a nation where dignity is not determined by one’s gender, or the sex of the person we found ourselves loving.

Basic fairness is the prayer of any mother whose child is being bullied in school for being too effeminate, for cross-dressing, for being “bakla”. It is the common aspiration of lesbian and gay students who, having faced prejudice in their schools and communities because of their sexuality, fear that they would encounter the same gender-based biases once they’ve entered the labor force.

When a gay man goes home after spending three nights in jail, where he suffered extortion, physical abuse, and humiliation in the hands of policemen who arrested him for vagrancy or prostitution, solely on the basis of the presence of condoms, his thoughts would be on the ordeal that he went through. This incident of police abuse would sear on his mind how dignity could be taken away easily and arbitrarily by abusive law enforcers. Same-sex marriage would be the last thing he’d think about.

Reducing LGBT rights to same-sex marriage renders invisible the inequality and abuse faced by Filipino LGBTs. This is the status quo, Madam Chair, that the Anti-Discrimination Bill aims to cure: we hope to provide a remedy for the inequality experienced by LGBTs by ensuring that human rights violations committed against them are penalized.

The Anti-Discrimination bill introduces the language of sexual orientation and gender identity in our laws and defines these concepts. This is not entirely novel, in a sense, since both sexual orientation and gender identity have been mentioned in some of our laws already. Currently, there are four laws where the above terms have been mentioned:

• Under Section 59 of the PNP Reform Act of 1998, the NAPOLCOM is mandated to establish a gender sensitivity program that includes the prohibition of discrimination on the basis of sexual orientation;
• Section 17 of the Magna Carta for Public Social Workers (2007) includes protection against discrimination on the basis of sexual orientation as one of the rights of government social workers;
• The Magna Carta of Women (2009) has included sexual orientation as a protected category in its human rights principles (Section 3, para 4) and gender identity in its women in sports provision (Section 14);
• The definition of crimes against humanity under the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (2009) includes widespread persecution against any groups or collectivity on the basis of several grounds, including sexual orientation.

High Five for HB 515! Pass the Anti-Discrimination Bill

Gender Equality quarantees equal opportunities to people

regardless of their sexual orientation and gender identity.

We encourage everyone to join the campaign for 

Gender Equality and fight against disrimination.

Pass the Anti-Discrimination Bill!

High Five for HB515! Pass the Anti-Discrimination Bill!

University of the Philippines Diliman University Student Council Official Statement through the USC Gender Committee head by UP Babaylan member, Councilor Heart Dino.

Statement of the Psychological Association of the Philippines on Non-Discrimination Based on Sexual Orientation, Gender Identity and Expression

Lesbian, gay, bisexual and transgender (LGBT) Filipinos continue to experience stigma, prejudice and discrimination in Philippine society. This stigma is manifested in actions such as: bullying, teasing and harassment of LGBT children and adolescents in families, schools and communities; media portrayal of LGBTs as frivolous, untrustworthy and even dangerous or predatory; denying transgender Filipinos entry into commercial establishments; pigeonholing LGBT Filipinos into particularly limited roles and occupations; or curtailing their rights to participate in the political sphere.

LGBT Filipinos often confront social pressures to hide, suppress or even attempt to change their identities and expressions as conditions for their social acceptance and enjoyment of rights. Although many LGBTs learn to cope with this social stigma, these experiences can cause serious psychological distress, including immediate consequences such as fear, sadness, alienation, anger and internalized stigma (Hatzenbuehler, 2009; Meyer, 2003). This anti-LGBT prejudice and discrimination tend to be based on a rhetoric of moral condemnation and are fueled by ignorance or unfounded beliefs associating these gender expressions and sexual orientations with psychopathology or maladjustment.

However, decades of scientific research have led mental health professional organizations worldwide to conclude that lesbian, gay and bisexual orientations are normal variants of human sexuality.  These include: the American Psychiatric Association in 1973, the American Psychological Association in 1975, British Psychological Society, the Colombian Society of Psychology, Psychological Society of South Africa, the Australian Psychological Society, and the International Network on Lesbian, Gay and Bisexual Concerns and Transgender Issues in Psychology, among others.

The Psychological Association of the Philippines (PAP) aligns itself with the global initiatives to remove the stigma of mental illness that has long been associated with diverse sexualities and to promote the wellbeing of LGBT people. Moreover, the PAP Code of Ethics (2010) is clear in its stance against discrimination. Filipino psychologists are called upon to recognize the unique worth and inherent dignity of all human beings; and to respect the diversity among persons and peoples (Principle I, a and b).  This means that Filipino psychologists should not discriminate against or demean persons based on actual or perceived differences in characteristics including gender identity and sexual orientation (Ethical Standard III-A and C; V-B.8).

In order to eliminate stigma, prejudice, discrimination and violence against LGBT, the PAP resolves to support efforts to:

•    oppose  all public and private discrimination on the basis of actual or perceived sexual orientation, gender identity and expression;

•     repeal discriminatory laws and policies, and support the passage of legislation at the local and national levels that protect the rights and promote the welfare of people of all sexual orientations and gender identities and expressions;

•     eliminate all forms of prejudice and discrimination against LGBTs in teaching, research, psychological interventions, assessment and other psychological programs;

•    encourage psychological research that addresses the needs and concerns of LGBT Filipinos and their families and communities;

•     disseminate and apply accurate and evidence-based information about sexual orientation and gender identity and expression to design interventions that foster mental health and wellbeing of LGBT Filipinos.