Shadow Report Outlines Concerns of Lesbians, Bisexual women, and Transgender Persons in the Philippines
This July in Geneva, the Committee on the Elimination of Discrimination Against Women (CEDAW) reviewed the Philippines’ compliance with the CEDAW Convention--specifically the actions taken by the State to ensure advances in women's equality, including steps taken to address obstacles that hinder equality for vulnerable and marginalized women. EnGenderRights (EGR) and OutRight Action International (OutRight) co-authored a shadow report outlining concerns of lesbians, bisexual women, and transgender persons in the Philippines and presented our recommendations.
Below is an interview between Grace Poore, OutRight’s Regional Program Coordinator for Asia and Pacific Islands and Clara Rita Padilla, EnGendeRights Executive Director, about the shadow report and the presentation.
Grace Poore (GP): What were your expectations from the CEDAW session--specifically, what did you hope would be achieved from your trip to Geneva?
Claire Padilla (CP): During the last review of the CEDAW Committee in 2006, we didn’t get recommendations on rights to diverse sexual orientations despite having raised the same in our shadow report. This time, OutRight and EnGendeRights felt that it would be important for me to go to Geneva to meet with the CEDAW Committee experts in person and raise issues regarding the discrimination and abuses faced by lesbians, bisexual women, and transgender persons (LBT persons) in the Philippines. We knew that making an oral statement in addition to submitting a shadow report would provide opportunities for Committee members to ask questions and also receive additional information during the lunch briefing with NGOs.
GP: The shadow report that we co-authored was jointly submitted to the CEDAW Committee by several dozen organizations. How many organizations ended up endorsing the report and why was this strategically important? What message did you hope to send by having multiple civil society organizations co-submit the report?
CP: There were 34 organizations that endorsed our joint shadow report. Having almost three dozen organizations endorsing the report is significant because it sends the message that there are many organizations concerned about the rights of LBT persons in the Philippines and that these issues affect large communities of people whose human rights are not protected or fully recognized.
GP: OutRight and EGR are partnering on a project to enhance domestic violence protections for LBT persons in the Philippines. Why is this project important with regard to advancing equality for women in the Philippines?
CP: The project seeks to enhance domestic violence protections for LBT persons by training first responders at the municipal level to be sexual orientation and gender identity (SOGI) sensitive and understand how to intervene and provide support to LBT persons experiencing family violence or partner violence. We will develop a protocol, conduct trainings, and monitor how services are delivered to LBT communities in one city. Then we will see how the model can be replicated for other cities and provinces in the Philippines. The project is important because it will strengthen the services and access to justice for LBT persons, affording them skilled, competent and compassionate care and at the same time underscoring their right to equality and non-discrimination.
GP: Ending violence and discrimination against women are important goals for countries that have ratified the CEDAW Convention. Could you highlight some of the questions raised by the Committee this July regarding ending violence and discrimination against LBT persons in the Philippines? Feel free to quote questions and comments raised by any of the CEDAW Committee experts at this session. And how many times were LBT-related questions raised by the Committee?
CP: During the CEDAW Committee Constructive Dialogue with the Philippine government on July 5, 2016 the Committee members raised their concerns regarding access to justice issues of women and persons with diverse sexual orientations and asked about the efforts being made to address the stigma and discrimination against women with diverse sexual orientations, gender identities and expressions of gender. One expert asked for information about the case involving a minor who had been discriminated against on the basis of her sexual orientation, whose case had been dismissed by the lower courts. The experts also raised concerns about the discrimination suffered by LGBT persons, the non-passage of a national LGBT Anti-Discrimination Bill, the absence of a marriage equality law, and the transphobia in the court decision imposing low penalty for the murder of transwoman Jennifer Laude and the efforts being made to improve the gender sensitivity of justice institutions. On the dropout of students, one expert asked for data on the dropout of students due to discrimination and bullying based on diverse sexual orientation. One expert asked whether the legislation on reproductive health also covered LGBT persons.
GP: How did the Philippine state delegation respond to questions related to LBT persons that were raised by the Committee -- were you satisfied with the responses by the government or did you have concerns and frustrations? Feel free to quote what the government said..
CP:At times, the government representatives would cite efforts to change laws and policies on LBT persons that were either started or spearheaded by NGOs. In response to the issue of marriage equality, the government cited that there was no bill filed on the matter and mentioned that certain LGBT groups are not pushing for marriage equality and instead support the Anti-Discrimination Bill. That is why it is important for us activists to engage with the CEDAW process so we can advocate to the fullest extent possible and give a fuller picture of what’s happening in the country because the government would quote from statements made by certain LGBT groups that may not be the full picture.
GP:Not all LBT activists recognize the strategic value of engaging with the CEDAW process. Can you provide two or three key personal insights about the importance of this kind of UN engagement for LBT rights back home?
CP:It is important because we are raising concerns before a UN treaty-monitoring body that monitors your country’s implementation of its obligations under the treaty that it has ratified, in this case, the Convention on the Elimination of All Forms of Discrimination (CEDAW). The government is forced to respond to concerns raised by the experts, which are concerns women’s rights activists, including LBT activists have brought to their attention. Finally, you can use the recommendations from the Committee in your advocacy work to change laws, policies, and practices affecting LBT persons.
GP:In addition to the shadow report, what else did you do to spotlight LBT issues for the CEDAW Committee while you were in Geneva? And what was the significance of these additional steps that were taken?
CP:There were two of us from EnGenderRights who went to Geneva for the CEDAW Committee Session, myself and Annette Visbal. We took extra efforts to personally speak with the CEDAW Committee experts. We personally gave the experts copies of the handouts on July 4 and 5 and we even emailed the handouts up until 11 am on July 5.
GP:Did the CEDAW Committee include LBT issues in its Concluding Observations of the Philippines country session? What are your thoughts about this -- are you pleased, disappointed, hopeful? And also explain the significance of having LBT issues included in the Committee's Concluding Observations.
CP:The Committee raised concerns that “lesbian, bisexual and transgender women face a heightened risk of violence, exploitation and abuse as well as discrimination in political and public life, marriage and family relations, employment, education, access to justice and health care” and recommended that the government “[t]ake measures to ensure equal rights, opportunities and protection for women facing multiple and intersecting forms of discrimination, taking into consideration the specific risks and particular needs of different groups and assuring full and meaningful participation of women representing such groups.”
On access to justice, the CEDAW Committee stressed that “[d]iscriminatory gender-stereotypes, lack of adequate support system and stigma pose barriers to access to justice and effective remedies for women, particularly those facing multiple forms of discrimination, such as lesbian, bisexual and transgender women.”
GP:What are the next steps after the CEDAW session when you get back home? How will you take what happened in Geneva and translate it to on-the-ground advocacy in the Philippines?
CP:At EnGendeRights, we intend to raise awareness about the Concluding Observations and recommendations of the CEDAW Committee. We will use the recommendations in our trainings, policy advocacy, litigation, and publications.
GP:Any closing thoughts you want to share? Any additional questions you want to raise?
CP:I hope the government will take LBT concerns very seriously and hope to see strong recommendations on SOGI from the CEDAW Committee in the future. I hope the government will exert all efforts to comply with its obligations to ensure equality for all women, including LBT persons under the CEDAW Convention.
Published on August 1, 2016 | OutRight Action International an LGBT human rights organization
