Various sectors voice support for anti-discrimination ordinance at public hearing

Thursday, January 26, 2012

THE “Jan-Jan fiasco” should be a thing of the past and Cebu City should move forward by approving the anti-discrimination ordinance.

This was the common sentiment of advocates for equal rights, as they remembered the 2008 incident involving a 39-year-old homosexual man named Jan-jan while undergoing surgery to remove a canister from his rectum at the Vicente Sotto Memorial Medical Center.

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The surgery, which was recorded, became a viral video that made the patient the subject of ridicule within the Cebuano community, as well as online.

Advocates point to Jan-Jan’s experience as an example of how members of the lesbian, gay, bisexual, and transgender (LGBT) community are subjected to humiliation and ridicule.

Saying the LGBT is a community of people who don't want to be vilified anymore, the advocates asked the Cebu City Council to pass the proposed ordinance.

A public hearing was called yesterday where eight resource persons spoke in support of the ordinance proposed by Councilors Nida Cabrera, Alvin Dizon, Lea Japson, Margarita Osmeña, Augustus Pe Jr. and John Philip Po II.

Objection

Councilor Jose Daluz III raised his objection during the first reading of the proposed ordinance, but in an interview with Sun.Star Cebu yesterday, he said the objection was limited to the “motherhood” provisions of the proposal.

Instead of making his formal objections, Daluz said he just talked with the proponents to make the ordinance more specific.

There were at least 10 provisions under the prohibited acts that include denial of access to public programs and services, refusing admission or expulsion from educational institutions, and denial of access to medical and health services, based on disability, age, health status, sexual orientation and gender identity, ethnicity and religion.

“Why is it then difficult for some to accept and love us when love is supposedly universal? Why can’t we be compassionate to the LGBT’s when we are preaching compassion to the poor and the destitute?” asked Patrick Ty of the Cebu Rainbow Coalition.

He said LGBTs, at times, resort to suicide because of “intolerable neglect of family” and even society.

Ty, who was the first to bring up the Jan-Jan incident as a case of discrimination, noted that some members of the LGBT community are even fired from work because of who or what they are.

Barred entry

Even media personalities such as Jude Bacalso are not “immune” from discrimination.

He shared during the public hearing that he was not allowed to go inside the Philippine Amusement and Gaming Corp. because of what he wore.

“I was barred entry because of my Roberto Cavalli dress,” said Bacalso, who pointed out that while it was easy for him to take the matter up with the authorities, those who belong to the marginalized sector don't have similar access to higher-ups.

The Cebu City anti-discrimination ordinance is not limited to the LGBTs, as persons with disabilities (PWDs) complained that their accessibility needs are still not being addressed even with the passage of the Magna Carta for PWDs.

Virginia Piccio, the Department of Social Welfare Services focal person for PWDs, cited as an example the 80 barangay halls of Cebu City that do not conform to the building code for easy accessibility for PWDs.

Piccio also pointed out that the penalty clause of the ordinance only provides imprisonment of 60 days to a year and fine of P1,000 to P5,000.

Constraints

Councilor Edgardo Labella informed Piccio that penalties under local ordinances are limited by the Local Government Code.

Piccio was also discouraged in filing cases because of the absence of willing lawyers, but Labella explained there are government prosecutors and public defendants available.

The National Commission on Muslim Filipinos, represented by Yahya Ali, shared that some of the Muslim students in Cebu have complained that they are forced to take religion classes even when this is against their beliefs.

Other than that, there were no other complaints on discrimination that the office received based on religion or ethnicity.

Radio personality Inday Tikay, Tricia Ilaya in real life, asked the Council multiple times to pass the ordinance, while relating the Jan-Jan incident.

No special rights

Councilor Roberto Cabarrubias, who openly admitted that he is against same-sex marriage, also asked Ilaya multiple times if she is for it.

Ilaya, though, refused to answer the question with a direct “yes or no” because the issue is not about marriage but about discrimination and equal rights of the frequently discriminated sectors of the community.

In calling for the approval of the anti-discrimination ordinance, the advocates clarified they are not asking for special rights, just a recognition of equal rights.

“It is a birth right not to be discriminated against,” said Ilaya.

Other resource persons who are academicians include Dr. Catalino Abos and Dr. Rhodora Bucoy, who also represents Sidlak Gender Resource Center, and Leonilo Umayon of the Cebu City PWDs.