Philippines: Let LGBT Party Contest Elections

[11/25/2009]

Election Body’s Discriminatory Action Threatens Democratic Freedoms

 

(New York, November 25, 2009) – The Philippine elections commission should immediately reverse a decision denying a political party representing lesbian, gay, bisexual, and transgender (LGBT) Filipinos from taking part in the 2010 elections, Human Rights Watch said in a letter to the chair of the elections commission. Human Rights Watch urged the Commission on Elections (Comelec) to review this decision when its full bench meets on Thursday, November 26.

On November 11, 2009, the Second Division of Comelec denied Ang Ladlad’s petition to be registered as a political party on the grounds that it “tolerates immorality, which offends religious beliefs.” The unjustified ruling violates rights to participate in public life and protections against discrimination under Philippines and international law, Human Rights Watch said.

“Comelec’s rejection of Ang Ladlad’s petition on grounds of sexual orientation is an ominous breach of its democratic obligations,” said Dipika Nath, researcher in the Lesbian, Gay, Bisexual, Transgender Rights Program at Human Rights Watch. “Prejudice and fear should not be permitted to shut people out of the political process.”

In its letter, Human Rights Watch criticized Comelec for excluding a party representing the LGBT community and labeling it as immoral while allowing Gen. Jovito Palparan, a military officer implicated in extrajudicial killings that were the subject of a government investigation, to represent party-list Bantay.

Leila de Lima, chairperson of the national Commission on Human Rights, has spoken out strongly against Comelec’s discriminatory action. Human Rights Watch called on Comelec to reverse its decision before December 1, the final date to qualify for listing in the May 2010 elections.

Ang Ladlad was formed in 2003 as a network for LGBT people and their allies. It has regional chapters throughout the country and a membership of over 22,000 nationwide. The elections body denied Ang Ladlad’s petition for accreditation in 2007 on the grounds that the organization did not have an adequate national presence.

Comelec's recent decision did not raise issues specifically related to Ang Ladlad's activities but denied the petition on religious grounds and unsubstantiated claims that granting the petition would "compromise the well-being of the greater number of our people, especially the youth.”

The ruling violates basic freedoms and rights enshrined in the Constitution of the Philippines. The Constitution guarantees the separation of church and state, full respect for all Filipinos’ human rights, and equal access to opportunities for public service. It also prohibits any “religious test” in determining the exercise of civil and political rights and freedom of expression.

The decision also violates the Philippines’ obligations under international human rights law. Article 25 of the International Covenant on Civil and Political Rights, ratified by the Philippines in 1986, guarantees the right to participate in public affairs, including the right to be elected. In its 1994 landmark decision in Toonen v. Australia, the United Nations Human Rights Committee, which is charged with interpreting and monitoring states' compliance with the Covenant, ruled that sexual orientation was included in its anti-discrimination provisions.

“Comelec should immediately accept Ang Ladlad’s petition to participate in elections,” Nath said. “Its job is to defend public freedoms, not to set itself up as a moral arbiter.”
 
Letter to Honorable Jose A.R. Melo Chairperson of Commission on Elections
November 23, 2009
Hon. Jose A.R. Melo
Chairperson
Commission on Elections
Intramuros, Manila
Philippines
Cc. Hon. Leila de Lima
Chairperson
Commission on Human Rights
Dear Chair Melo,
We are writing to convey our concerns about the decision of the Commission of Elections (Comelec) to deny the petition of the Ang Ladlad LGBT Party for party-list accreditation to contest the May 2010 elections. The decision and subsequent statements made by officials of Comelec discriminate against people on the grounds of their sexual orientation and promote intolerance, and are contrary to the rationale behind the party-list system. Human Rights Watch calls on you to urgently review this decision, to consider disciplinary action against commissioners who make discriminatory remarks, and to take measures to remedy the negative impact of the decision and statements.
Ang Ladlad seeks to represent the views of lesbian, gay, bisexual and transgender (LGBT) Filipinos and their supporters. On November 11, 2009, the Comelec's Second Division presided over by Commissioner Nicodemus Ferrer dismissed Ang Ladlad's petition to register as a sectoral party under the party-list system of representation "on moral grounds." On November 18, 2009, Ang Ladlad applied for this decision to be reconsidered by the full bench of Comelec commissioners.
For inclusion in the May 2010 elections, parties must submit manifestations of intent to participate in the party-list polls before midnight, December 1, 2009. Comelec must determine this matter in time for Ang Ladlad to petition the Supreme Court, should Comelec fail to overturn the decision, and still file its manifestation of intent within the deadline. Comelec should review this decision urgently to ensure that members of Ang Ladlad are not denied their fundamental political and civil rights.
In the Comelec decision, after referring to Ang Ladlad's submission that the LGBT community is "particularly disadvantaged because of their sexual orientation and gender identity" and a definition of sexual orientation which included sexual relations with a member of the same sex, Commissioner Ferrer said: "This definition of the LGBT sector makes it crystal clear that petitioner tolerates immorality which offends religious beliefs."
Commissioner Ferrer's reliance on general denunciations of homosexuality, including by US-based groups, to reject Ang Ladlad's application demonstrates the discriminatory nature of its decision. Commissioner Ferrer further states that this decision is consistent with Comelec's duty under section 12, article II of the Philippine Constitution to "protect our youth from moral and spiritual degradation." He offers no evidence that Ang Ladlad's participation in electoral politics will cause any such "degradation". To the contrary, however: the active involvement of Filipinos of all sexual orientations and gender identities in democratic processes will send a message to youth promoting equality, the universality of rights, and the indivisibility of freedoms.
Commissioner Ferrer has publicly defended this decision, making further remarks promoting discrimination against LGBT people. According to newspaper reports, in a press conference on November 16, Commissioner Ferrer said that LGBT communities are "over-represented in the lower house and in the upper house ... in the military ... in the religious." He has since referred to this comment and said, "Although I said that jokingly, I know that they're already there. Either those who open their closet or those who keep closing their closet."
Comelec's decision on this matter and its perceived disregard for fundamental human rights brings this important agency into disrepute. While excluding the LGBT community and labeling it as "immoral," Comelec has allowed General Jovito Palparan to represent party-list Bantay. As the Chair of the Melo Commission to address media and activist killings, you have called for the government to investigate General Palparan's responsibility for extrajudicial killings. In the commission report, you stated:
[T]here is certainly evidence poi

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