'HISTORIC.' After nearly 2 decades, a bill prohibiting discrimination against members of the Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex community finally reaches the Senate plenary and is now up for debate. File photo by Rappler

MANILA, Philippines – After nearly 2 decades, the bill seeking to protect the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) community from hate crimes and discrimination has finally reached the Senate plenary. (READ: The long road to an LGBT anti-discrimination law)

Calling it a "historic first," Senator Risa Hontiveros sponsored the committee report containing Senate Bill 1271 or the Anti-Discrimination Bill, on Wednesday, December 14 – the last session day for 2016.

Citing the case of slain Filipina transgender Jennifer Laude, Hontiveros said the Philippines has the highest rate of murders of transgender people in Southeast Asia and the second in the continent. (READ: Killing of Jennifer Laude a 'hate crime' – police report)

Hontiveros said the bill, if passed into law, would ensure that stigma and hate would not hinder LGBTQIs from accessing education, healthcare, employment, and other basic rights.

"Globally, fundamental victories were accomplished in terms of securing LGBT rights and welfare, more notably an adoption or strengthening of their respective anti-discrimination laws," Hontiveros said in her sponsorship speech. "However, the same thing can't be said for the Philippines. For the last 17 years, Congress has failed to pass the anti-discrimination bill. The LGBT community cannot wait any longer."

Twelve senators signed the committee report. Aside from Hontiveros, others who signed it are: Senate President Pro-Tempore Franklin Drilon, Majority Leader Vicente Sotto III, Minority Leader Ralph Recto, Senators Leila de Lima, Loren Legarda, Juan Edgardo Angara, Grace Poe, Nancy Binay, Cynthia Villar, Paolo Benigno Aquino IV, and Antonio Trillanes IV.

In 2017, senators are expected to debate on the measure and introduce their own amendments before the committee approves the new version. It would then be up for approval in the 2nd and in the 3rd and final reading.

Recent Senate records show the bill was first filed in 2000 by the late senator Miriam Defensor-Santiago and by former Akbayan Representative Loretta Rosales. Santiago and former senator Ramon Revilla Jr filed similar measures in 2004 but ended up in limbo. They re-filed them in the 14th congress but the bills only reached the committee level. More senators filed similar measures in the 15th and 16th congresses but to no avail.

Similar measures are now pending in the House of Representatives but are still in the committee level. In the previous 16th Congress, the measure hurdled the House committee on women and gender equality after a series of debates and amendments. It, however, failed to get the votes of the plenary. (READ: Emotional Roman urges Congress to pass anti-discrimination bill)

Prohibited acts, penalties

The measure prohibits the following discriminatory practices against LGBTs:

Promoting and encouraging stigma on the basis of sexual orientation and gender identity or expression (SOGIE) in the media, in educational textbooks, and other medium. Inciting violence and sexual abuse against any person or group on the basis of SOGIE is likewise prohibited. Including the disclosure of sexual orientation in the criteria for hiring, promotion, work assignment, giving incentives and priviliges, among others in both the private and public sector, including the military and the police. Refusing admission or expelling a person from any educational or training institution on the basis of SOGIE. Imposing disciplinary sanctions or penalties harsher than customary or similar punishments, requirements, restrictions, or prohibitions that infringe on the rights of students or trainees Refusing or revoking the accreditation, formal recognition, registration or plan to organize of any organization, group, political party, institution or establishment, in educational institutions, workplaces, communities, and other settings, solely on the basis of the SOGIE of their members or of their target constituencies Denying a person access to public or private medical and other health services open to the general public, as well as access to public and private health insurance, including HMOs Denying an application for or revoking any government license, authority, clearance, permit, certification, or other similar documents necessary to exercise a profession or business Denying a person access to or the use of establishments or services, including housing, open to the general public. The act of giving inferior accommodations or services shall be considered a denial of access Subjecting or forcing any person to undertake any medical or psychological examination to determine or alter the person’s sexual orientation and gender without the expressed approval of the person, except in cases of minors Subjecting any person to profiling, detention, or verbal or physical harassment. Profiling, detention, or verbal or physical harassment on the basis of SOGIE by members of law enforcement agencies, including the military, police, immigration, is likewise prohibited. Subjecting a person to any other acts that shall have the effect or purpose of impairing or nullifying the enjoyment, recognition, and exercise of a person’s human rights and fundamental freedoms.

Violators may be fined at least P100,000 to P500,000, depending on the act committed. They may also face imprisonment for at least 1 year to 12 years, depending on the court’s decision.

Government officials who would refuse to investigate, prosecute, or act on any complaint shall face administrative sanctions. – Rappler.com</s>As our movement prepares for a presidential administration opposed to LGBT equality, LGBT elected officials will play an essential role in preventing anti-LGBT legislation and demanding equality. On Nov. 8, several LGBT candidates achieved historic wins, and 86 of 135 Victory Fund-endorsed LGBT candidates won their elections.

In response to the presidential election results and victories for LGBT candidates across the nation, Victory Fund President & CEO Aisha C. Moodie-Mills released the following statement:

“Today I am heartbroken that racist, xenophobic, sexist, and transphobic demagoguery won last night’s presidential election. The devastating results hit the LGBT community particularly hard because we are unique in spanning all the demographic groups targeted by the president-elect throughout his campaign. We are Latino, black, women, Muslims, undocumented, and we have disabilities. We are all stronger together, and Victory Fund will continue to work to ensure that our collective voices are represented in the halls of power.

Amidst this election’s darkness, however, there were rays of light. Kate Brown became the nation’s first openly LGBT governor, a stunning accomplishment and a win for the history books. Carlos Guillermo Smith became the first openly LGBT Latino elected to the Florida state legislature, representing Orlando and many LGBT people of color who danced at Pulse nightclub that horrific night. Georgia expanded LGBT representation in its state legislature, electing Sam Park to join three other openly LGBT voices. And voters reelected all six openly LGBT members of Congress despite a tough night for House Democrats — affirmation that LGBT leadership is effective and respected.

Now more than ever, LGBT elected officials are critical to defending our community and pushing forward equality for LGBT people, and Victory Fund will be at their side. We will work to support incumbents and build the next generation of diverse LGBT candidates so we can cement our gains and further equality for all people. But let’s not kid ourselves: We made huge strides these past eight years, and this election we took steps back. Now our community and allies need to rally and demand all elected lawmakers — not just LGBT elected officials — unequivocally stand on the side of equality for all people.”
A bill protecting the rights of LGBT in the Philippines is finally up for debate 17 years after being first introduced in the upper legislature with the 2014 killing of a transwoman as the reason for its urgency.