Addressing Pressing Challenges to Human Rights in the Fight Against HIV AIDS

by:

Chairperson LORETTA ANN P. ROSALES during the Akbayan LGBT Conference, 4 December 2011

Dear friends, colleagues and fellow human rights workers,

The Philippines is on the verge, if not already in the midst, of an HIV crisis. In 2007, the number of new HIV infections was just one new case a day. This year, 2011, it has jumped to 8 new cases a day, according to the National Epidemiological Center of the Department of Health.

By 2016, if nothing is done to address the epidemic, the total HIV infection in the Philippines is expected to reach 30,000 to 50,000. Because of the rapid rise in HIV infection, the Philippines has become one of the only seven countries worldwide experiencing an accelerating HIV epidemic despite the global slowdown in new HIV infections.

HIV-skeptics in the Philippines have consistently denied that the country is facing an HIV catastrophe. For one, they believe that the epidemic is

sexual degenerates, drug users, and prostitutes. Others say rather derisively, dahil sa sodomy lang yan or bakla kasi.

They could not be more wrong. An epidemic like AIDS is an undeniable threat to one's right to health, in contrast to a hold departure order issued by Secretary De Lima, which needless to say are not threats to health when you are a politician seeking to evade corruption charges. According to the World Health Organization, if HIV epidemics that are concentrated in certain communities are ignored, it is highly probable that it would jump to the general population. So from a purely epidemiological and public health vantage point, it makes common sense to address concentrated epidemics.

But from a human rights perspective of human rights, it does not only make common sense, it makes human sense. The rights that are enshrined in various human rights instruments, from the Universal Declaration of Human Rights to the ICCPR and IESCR, including the rights and freedoms guaranteed by our own 1987 Constitution, are not just for the dominant majority or those who subscribe to mainstream views and practice normal lifestyles. They make no distinction between the majority and the minority. If the right to health or the right to life of 100,000 people are at risk, or of 10,000 individuals, or 50, or 1 - then the State is obliged to protect those individuals or that single person may she or he be lesbian, gay, bisexual, straight, transgendered, transsexual or of any other sexual orientation or gender identity. This is because human rights have always been there to perform a major historical

minorities meaningful opportunities to live with dignity.

If applied correctly, human rights law simply has no room for distinctions based on ones sexual orientation, gender identity or sexual preferences. Considered in the light of relevant human rights norms, the fact that the HIV epidemic in the Philippines is afflicting gays, bisexuals, transgenders and men who have sex with men more than the portion of the population identifying themselves as heterosexuals, is reason enough for the State to do more than the minimum in terms of upholding the rights of LGBTs. Such rights, like the rainbow flag of the LGBT movement, are a reflection of a full spectrum of colors representing obligations ranging from the immediate obligation of proscribing discriminatory acts of every form, and not impeding or denying the delivery of needed services to affected groups, to the intermediate obligation of enabling access for all to necessary information, as well as to medicines and other health services, to the long-term obligation of securing their socio-economic rights.

As the principal author of an LGBT rights measure when I was still in Congress, I have been sensitized to the vulnerabilities and stigma faced by LGBTs. The fact that there are no laws in the Philippines that explicitly prohibit male-to-male sex does not mean that LGBTs are accepted or tolerated. In fact, the proposition that the Philippines is the only country in Asia where gays are tolerated is one of the biggest fallacies foisted upon us by a disbelieving macho-oriented society. In sheer defiance of pastoral precepts, this so-called Christian country of ours, supposedly one of only two of its kind in Asia, laws have been mis-applied resulting in the

supposed to experience the cherished values of a family-oriented society, like acceptance, compassion and love. Sexual abuse of lesbians and gays continue to be documented, and an even greater indication of the climate of impunity enjoyed by those who think that LGBTs are second class citizens is the high number of killings and physical injuries related to sexual orientation/gender identity in the Philippines that have remained unsolved.

It is in this climate of stigma that an epidemic like HIV thrives. Stigma and discrimination not only make it hard for marginalized communities like the LGBT community to access basic services such as healthcare, together they foster a social ethos dominated by the message of hate and tolerance for human rights abuses. One just has to scroll the cursor down to the comments posted by readers to the article Philippines struggles with AIDS posted yesterday in the news website, www.inquirer.net, to see how this ethos of hate has taken root in the Filipino psyche. Reacting to a story where Health Assistant Secretary Eric Tayag identified the MSM and drug injecting communities as groups exhibiting a sharp rise of HIV infections, one reader named, codenamed PHtaxpayer matter-of-factly explained, marami kasing bakla sa Pilipinas, while another reader, quirinomayer posted, To the homosexual and injecting drug user communities, there's another name for AIDS: KARMA.

Combatting the social stigma associated with HIV AIDS requires the dismantling of layer upon layer of discriminatory attitudes directed at the perceived evils of homosexuality. In several respects, homosexuals who

rightful claim to reproductive health. Thus, HIV AIDS is not only an epidemiological concern but quiet more seriously a human rights issue as well.

The fight for human rights is therefore integral in the fight against HIV and AIDS. As Chair of the Commission on Human Rights, I have approved the development of a separate program on the rights of LGBTs with the twin objectives of (1) combatting discrimination and homophobia, and (2)

investigating the rising number of gender-related killings and other hate crimes in order to enable victims to effectively access justice.

In June 17 this year, the UN Human Rights Council adopted a Resolution on Human Rights, Sexual Orientation and Gender Identity, which expressed grace concern at continued evidence in every region of the world of acts of violence and related human rights violations motivated by attitudes of hate against the sexual orientation and gender identity of others. To the end and despite our repeated urgings, our permanent representative in Geneva excused himself from co-sponsoring the resolution on the fact that no direct instructions have reached him from Manila. Conceding the internal validity of such a non-committal stance, the same has certainly not led to the Philippine government taking serious steps in response to the Resolution's call to end violence, criminal sanctions and related human rights violations committed against individuals because of their sexual orientation or gender identity.

Nevertheless, cognizant of the SOGI Resolution's character as a

Rights has included in its standards of monitoring of treaty compliance the extent as well as the effectiveness of the Government's response to the growing number of human rights violations suffered as a result of gender orientation or gender identity. In our submission to the 2nd cycle of the Universal Periodic Review of the Philippines, we referred to the killings of LGBTs all throughout the country in order to encourage the government to take this problem seriously.

As in every major human rights initiative, discriminatory attitudes embedded in the psyche of officialdom remain to be the primary obstacle against reform. Take for example the jurassic justifications made by members of the Commission on Elections when they decided to deny Ang Ladlad party-list accreditation. Most of them have since retired (with the most jurassic of them currently facing electoral sabotage charges) but the attitudes remain in the face of serious gaps in the protection framework. To address, this the Commission on Human Rights is going to work in tandem with the Presidential Human Rights Committee and the Cabinet Human Development Cluster to come up with a National Policy on Human Rights, Sexual Orientation and Gender Identity.

The Commission also supports the passage of anti-discrimination legislation to once and for all make it punishable to exercise one's power as a public official in a manner offensive to universal human rights, and to obviate the discriminatory exercise of private rights.

of SOGI-related violations in order to draw empirical support for the redefinition of crimes against persons in the Revised Penal Code to include a reference to sexual orientation or gender identity.

Furthermore, the Commission plans to ensure that the safety net extends to the grassroots level where it matters most. As an offshoot of its pilot partnerships with LGUs to adopt reproductive health policies at the local level, it shall also pursue partnerships to enact anti-discrimination ordinances as well as human rights approaches to HIV AIDS prevention and management.

I therefore encourage everyone, in every capacity and talent, to continuously engage publicly to ensure that the fundamental rights and freedoms of LGBTs are realized. As we have all realized by now, HIV AIDS is one major campaign in the war to win the right to dignity for present and future generations. Working together in a climate of cooperation and solidarity, we shall certainly prevail over an epidemic of fueled by hatred, fear and ignorance.

Maraming salamat at mabuhay po ang mga LGBT sa Pilipinas!