Topic: LGBT Rights
Country: Philippines
Delegate Name: Josie Ness
School: Forest Hills Eastern High School
Topic page: background guide and all position papers All Philippines position papers GLIMUN 2018 committees
People who identify as lesbian, gay, bisexual or transgender (LGBT) face discrimination in many countries. The HRC has adopted several resolutions that protect LGBT persons and their sexual rights. LGBT discrimination takes many forms, including harassment, psychological abuse, physical abuse, assault, rape, and murder. According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), there are currently 72 states in which same-sex sexual relations are severely outlawed. The ILGA determined that 124 States, including the Philippines, levy no legal penalties for consenting same-sex sexual activity between adults in private. Four sovereign states apply the death penalty (ILGA) for homosexuality and two other states apply it under Shari’a law, including Afghanistan, Brunei, and Iran.
Congresswoman Geraldine Roman was the first transgender woman elected to the Philippine Congress. In Silvero v. The Republic of the Philippines, the Philippine Supreme Court ruled that transgender people may not change their name and gender marker on their birth certificates. The Philippines only officially recognizes the gender assigned at birth. The 1932 Revised Penal Code (RPC) does not criminalize consensual same-sex activities between adults. In May 2012, the Department of Education issued DepEd Order No. 40 (the DepEd Child Protection Policy) to protect children in schools from violence, abuse or exploitation regardless of sexual orientation or gender identification. Same-sex couples are not permitted to adopt. As of 2009, LGBT people are allowed to serve in the military. In September of 2017, the House of Representatives passed an anti-discrimination bill protecting LGBT citizens, but the Bill died in the Senate. However, there are many anti-discrimination ordinances at the local government level. The Family code of 1987 was enacted into law by an executive order issued by former president Corazon Cojuangco Aquino. It “defines and limits marriage as between man and woman.” In June of 2018, the Supreme Court heard arguments on a petition seeking to allow same-sex marriage in the Philippines. The results of the case are pending. President Rodrigo Duterte voiced his support for the legalization of same-sex marriage and the protection of the rights of the LGBT community. Because of the Philippines’ 80% Catholic population, he faces great opposition in passing legislation to legalize same-sex marriage. According to the TvT project, the murders of 29 transgender people have been documented in the Philippines since 2008. The UNDP/USAID reported that, in the first half of 2011 alone, there were at least 28 LGBT related killings.
The Philippines does not regard same-sex activities between consenting adults to be a crime and recommends that the United Nations maintains the legality of these actions. The Philippines recognizes the modern need of equality in marriage for same-sex couples and recommends that same-sex marriage is legalized. However, for religious and cultural reasons, the Philippines does not support legal divorce in marriage regardless of the genders involved. The Philippines strongly urges that all individuals are officially recognized by their gender at birth, regardless of the person’s personal gender identity. The Philippines believes in the right to safety for people of all gender identifications and sexual orientations and strongly urges the United Nations to take action to end the persecution and treatment of LGBT people in many Middle Eastern countries by imposing economic sanctions on offending countries.
