Name: Burnea, Junemher P.

Date: November 18, 2022

ID No. 17100000024 Subject: PoliScie 211

A Policy Paper on the implementation of SP Ordinance No. 4998-

2016 or the Butuan City Anti-Discrimination Ordinance

I. Introduction

According to the American Psychological Association (2019),

discrimination occurs when individuals or groups are treated unfairly or
unjustly based on race, gender, age, or sexual orientation.  However,
explaining why this happens is more complicated. The human brain
categorizes things instinctively in order to make sense of the world. For
example, very young children can tell the difference between boys and girls
right away. However, the values we assign to various categories are learned
from our parents, classmates, and observations of how the world works.
Fear and misunderstanding are frequently motivators for discrimination.
Furthermore, as defined by the Human Rights Commission (2020),
discrimination occurs when you treat another person unfairly because of
something about you, such as your race, age, or gender. Discrimination has
a negative impact on public health. According to the 2015 Stress in America
Survey, people who claim to have experienced prejudice have higher stress
levels than those who claim not to have. This is true for people of all
ethnicities and races. Chronic stress has been linked to a variety of physical
and mental health problems. Anxiety, depression, obesity, high blood
pressure, and substance abuse have all been linked to perceived
discrimination. Even if no observable casual racism has occurred,
discrimination can be harmful and dangerous. Whatever your own
experiences are, being a member of an underserved group, such as racial
minorities or people who identify as lesbian, gay, sexually open, or
transsexual, can be unpleasant (LGBT).  People may even avoid situations
where they are afraid of being mistreated, potentially missing out on
educational and employment opportunities.

Butuan City enacted an ordinance to approach the issue of

discrimination, SP Ordinance No. 4998-2016, also known as the Butuan City
Anti-Discrimination Ordinance. Such policy aims to address the growing
problem of discrimination. However, it cannot be denied that, despite the
existence of the aforementioned ordinance, discrimination still exists,
particularly on the streets, where young people frequently harass walkers. In
addition, according to the 1987 Philippine Constitution under Article 111,
Section 1, 2, 4, 8, 12 states that every person has the right to life, security
of person and privacy, right to be free from torture, arbitrary arrest and
detention, the right to be free from discrimination and the right to freedom
of expression, and the right to organize associations. Butuan City took an
initiative to response on the growing issue of discrimination given that a
mere insult and ridiculing to someone leads to unending discrimination.

II. Description of the context and importance of the problem

Butuan City's local government is led by an elected City Mayor, who is

regarded as the city's chief executive. He has overall supervision and control
over all city government programs, projects, services, and activities. He is
then accompanied by the city's legislative body, The Sangguniang
Panlungsod, which is presided over by the elected City Vice-Mayor, ten (10)
elected Sangguniang Panlungsod members, and the President of the Liga ng
mga Barangay as an ex-officio member. A first-class, highly urbanized city in
the Caraga region of the Philippines. It is the de facto capital of the province
of Agusan del Norte, in which it is geographically located, but it has its
independent administrative government. Consist of people with different
cultures and beliefs, the citizens of Butuan City are as well susceptible to any
type of discrimination.

Butuan City implemented the SP Ordinance No. 4998-2016, also

known as the Butuan City Anti-Discrimination Ordinance. It is an ordinance
to uphold the dignity of every human being and ensure full respect for
human rights, as well as to effectively eliminate all forms of discrimination
that infringe and offend the guarantee of equal protection of human rights
enshrined in the Philippines Constitution of 1987.

However, despite the implementation of such ordinance, discrimination

remains growing. The lack of monitoring coming from the political units of
the local government fuels the extending growth of discrimination in the city.
SP Ordinance No. 4998-2016 emphasizes the anti-discrimination to age,
disability, ethnicity, religion, health status, physical appearance, social
status, political affiliation, gender expression, identity, and sexual
orientation. The problem here is that, does the specified categories are really
followed? Does SP Ordinance No. 4998-2016, also known as the Butuan City
Anti-Discrimination Ordinance eliminated the age, disability, ethnicity,
religion, health status, physical appearance, social status, political affiliation,
gender expression, identity, and sexual orientation discriminations in the
city? Does the monitoring of the local government effective enough to
eradicate nor lessen the growing of all forms of discrimination?

III. Policy Options

The following are the policy options that could help address the policy
problems in SP Ordinance No. 4998-2016, also known as the Butuan City
Anti-Discrimination Ordinance City:
(a) One of the problems in the implementation of SP Ordinance No.
4998-2016 is the lack of monitoring in terms of the policy being
implemented is being applied accordingly in every area of Butuan City
(workplaces, communities, and in schools). To address such problem,
there should be stricter implementation, monitoring, and imposing of
punishments to those who violate the ordinance in both private and
public institutions. Personnel assigned on this policy should conduct
visitation per barangay to get updates since the barangay is the
closest to the citizens in terms of getting information and visitations in
the workplaces and schools since most discriminations starts from
these places, to be able as well to assess if the policy has been put
into action or has it been applied. In addition, because of the lack of
strict punishments, those who discriminate against others tend to
ignore the policies. According to Section 8 of Senate Bill No. 1619, the
penalty is imprisonment for not less than one (1) year but not more
than six (6) years or a fine of not more than Five Hundred Thousand
Philippine Pesos (PhP500,000.00), or both, at the discretion of the
court and taking into account the circumstances and gravity of the
offense. In this manner, punishments and penalties must be upgraded
because offenders typically do not take penalties seriously; increasing
penalties and punishments would instill fear in offenders and security
in victims.

(b) Increase the number of programs and symposiums to be

attended by the residents held in each barangay, informing and
educating people is especially important in bringing the major issue of
discrimination to light. This will provide people, particularly those living
in poverty, with access to information about the negative effects of
discrimination based on age, gender, culture, and so on. Government
 employees assigned to these activities must uphold and carry out the
aforementioned programs and symposiums effectively and strictly
towards each barangay, with each household having at least one
representative during the symposiums and programs.

(c) Authorities must respond immediately to complaints, if someone

files a complaint about being a victim of discrimination, authorities
must respond immediately to locate the offender. Authorities must not
wait for another complaint before acting. On first and second offenses,
offenders must be arrested immediately without privileges to prevent
the offender from committing another discrimination crime and must
be punished for the emotional harm caused to the victim.

IV. Criteria for judging policy choices

Policy Choice A: Policy Choice Policy Choice

Stricter B: Increase C: Complaints
implementation, the number must receive
Policy Question: monitoring, and of programs immediate
What should Butuan imposing of and action from
City do to effectively punishments to symposiums authorities
apply the SP those who
Ordinance No. 4998- violate the
2016 and eradicate ordinance in
all forms of both private
discrimination? and public
institutions

Criteria 1: Legality Yes Yes Yes

Criteria 2: Cost Yes No Yes
effectiveness
Criteria 3:
Inclusiveness (policy
affects the broadest Yes Probably Yes

range of residents
possible)
Recommend? Yes Neutral Yes

Policy Option A (stricter punishment, implementation and monitoring)

is beneficial not only to the victim but also to society because it is already
stipulated in Senate Bill No. 1619. (2017). Penalizing offenders not only
provides justice to the victims, but also creates a peaceful society free of
negativity and unsafe communities. Increasing the punishments and
penalties for offenders is not a form of torture rather, it is a method of
disciplining them for the sin they committed. It would also assist offenders in
becoming respectable citizens. Offenders must pay fines to victims for the
emotional and moral harm they cause. Furthermore, if there is an effective
monitoring of the policy, the local authorities will be able to see through
what should be added and what should be amended, in relation to that a
stricter monitoring would help to gather information if the policy was being
applied in the workplaces, schools, and communities by that we could see
the effectiveness of the ordinance being implemented. The more the
government increases the years of imprisonment and digits of the fines, the
offenders would likely have contemplation before doing the crime of
discrimination.

Policy Option B, on the other hand (increase the number of programs

and symposiums held in each barangay) will only benefit those who attend
the symposiums and programs because the information will be instilled in
the minds of the audience during the symposiums and programs. One
disadvantage of this option is that it is time-consuming, costly, and requires
more manpower, additionally, the option will be postponed and canceled due
to the occurrence of unforeseeable circumstances, limiting the number of
attendees during program and symposium implementation.

Subsequently, Option C (Complaints must receive immediate action

from authorities) is the most important because the authorities have the
authority to manage the society's security and safety. A strong and quick
response from the authorities would provide victims with safety and
assurance. Furthermore, if the authorities took immediate action when
someone filed a complaint, the punishments and penalties would be applied
immediately, and education through a symposium would follow.

V. Policy Recommendation

Policy Choice/Options A, B, and C have met the criteria of legality as

the policy options tend to look into the welfare of the victims of
discriminations as well as to those violators of anti-discrimination. However,
there has been complications for Policy Option B in terms of meeting the
criteria of cost effectiveness as it needs more resources such as financial,
time, and manpower to be able to put this into action and this would also
affect the criteria of inclusiveness, as the resources needs to be used for
Policy Choice B were unclear to be fulfilled so this affects how it can give
impact to the broadest range of residents in Butuan City. In meeting the
criteria inclusiveness, both Policy Choice A and C transparently met the
criteria.

Among all of the possible options presented, I strongly recommend

Option A (stricter punishment, implementation, and monitoring) and Option
C (Complaints must have immediate action taken by the authorities). A
stricter implementation, monitoring, and imposing of punishment or
penalties to the violator would help the SP Ordinance No. 4998-2016 be
more effective. Monitoring would allow the local authorities to know the
positive and negative setbacks of the ordinance, this would also create a
way to upgrade the policy in an advantageous way. In addition, a stricter
monitoring would instill obedience to the people and to other institutions,
this would help both the private and public sectors to apply the ordinance to
its employees accordingly.

Furthermore, the authorities need to strengthen their response

management system in order to prevent and reduce cases of discrimination,
and with this we would be able to apply the punishments and penalties
stipulated in Senate Bill No. 1619. (2017). It is possible to make progress
toward the country's justice system by strengthening the authorities' quick
response mechanism. The greater the authorities' ability to act quickly, the
greater the public's trust and the preservation of order. Option C
(Complaints must have immediate action taken by the authorities) will be
critical in alleviating the alarming sectoral issue that negatively affects
others. Furthermore, because the violator is punishable under this law, the
violator will face charges that it is necessary for the violator to pay for the
committed crime and will be experiencing any other activities such as
symposiums that will relate to raising awareness about the harmful effects of
discrimination.

VI. References

American Psychological Association. (2019). Discrimination: What it is,

and how to cope. Retrieved from: https://www.apa.org/topics/racism-

Senate Bill No. 1619. (2017, November 22).

SP Ordinance No. 4998. (2016).

Easy read guide to the Anti-Discrimination Act. (2020, December 17).

Retrieved from Human Rights

Commission:https://www.qhrc.qld.gov.au/your-rights/discrimination-
law/easy-read-guide-to-the-anti-discrimination-act

Philippines drops 8 places in gender equality, remains top in Asia.

(2020). Retrieved from Philippine Commission on Women:

https://pcw.gov.ph/philippines-drops-8-places-in-gender-equality-
remains-top-in-asia/.

VII. Annexes