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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 pointing the finger of suspicion at some elements and personalities in the armed forces, in particular General Palparan, as responsible for an undetermined number of killings, by allowing, tolerating, and even encouraging the killings.[1]

In a follow-up letter to President Gloria Macapagal-Arroyo in August 2007, you reiterated that investigation of Palparan is long overdue. The inconsistency between Comelec's unwillingness to permit peaceful political participation by LGBT people, and its indifference to General Palparan's alleged abuses, is glaring.

Denying political participation to a group on the basis of sexual orientation or gender identity violates both domestic law and international human rights law. Comelec's decision violates basic freedoms and rights enshrined in the Constitution of the Philippines. Article II of the Constitution upholds the inviolable principle of separation of church and state, respect for human rights, and equal access to opportunities for public service. Article III, section 5 of the constitution's Bill of Rights further provides that "no religious test shall be required for the exercise of civil or political rights" and guarantees freedom of expression and privacy. The International Covenant on Civil and Political Rights, which the Philippines ratified in 1986, protects the right to participate in public affairs, including the right to be elected.[2] These rights are to be recognized without distinction of any kind, including sexual orientation.[3]

The party-list system is designed to give genuine power to marginalized and underrepresented sectors; to empower members of these sectors to actively participate in representative democracy.[4] Contrary to this aim, Comelec's decision advances principles of intolerance and discrimination.

Human Rights Watch urges you to uphold human rights and stand by the principles of tolerance, non-discrimination and active, participatory democracy that underlie the party-list system. We call on you to:

  • Urgently review the Second Division's decision to dismiss Ang Ladlad's petition.
  • Consider appropriate disciplinary measures against Commissioner Nicodemus Ferrer for the discriminatory statements that he has been making to the public in regards to this case.
  • Publicly state the Comelec's commitment to the Bill of Rights, international human rights, and the inviolable right to non-discrimination on the basis of sexual orientation.
  • Refrain from statements that promote prejudice or discrimination against any sector of the Philippines' population.

We look forward to your action on this matter, and your response to our concerns in due course.

Sincerely,

Elaine Pearson
Deputy Director
Asia Division

Dipika Nath
Researcher
Lesbian Gay Bisexual Transgender Rights Program

                                                                                            


[1] Independent Commission to Address Media and Activist Killings, "Report," January 22, 2008, p.53.

[2] International Covenant on Civil and Political Rights (ICCPR), article 25.

[3] Toonen v. Australia, Human Rights Committee, March 31, 1994, UN Doc. CCPR/C/50/D/488/1992; 1 Int'l Hum. Rts. Reports 97 (No. 1994).  The Human Rights Committee is an international expert body that monitors the compliance of states with the ICCPR.

[4] Ang Bagong Bayani OFW-Labor Party v. Comelec, G.R. No. 147589, June 26, 2001.

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