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PHILIPPINES – FORUM-ASIA supports LGBT defenders’ petition

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ph_angladlad_logo.jpgOn 4 January 2010, the Ang Ladlad LGBT Party (Ang Ladlad)
submitted a petition to the Supreme Court of the Philippines challenging the
decision of the Commission on Elections (COMELEC). Ang Ladlad is a national
organisation of Filipino lesbians, gays, bisexuals, and transgendered people
active in advocating LGBT rights in the Philippines. In an amicus brief
submitted to the Supreme Court, FORUM-ASIA supported the petition of Ang Ladlad Party on the
basis that the decision of the COMELEC was contrary to international human
rights law.

ph_angladlad_logo.jpg(11
January 2010) On 4 January 2010, the Ang Ladlad LGBT Party (Ang Ladlad)
submitted a petition to the Supreme Court of the Philippines challenging the
decision of the Commission on Elections (COMELEC). Ang Ladlad is a national
organisation of Filipino lesbians, gays, bisexuals, and transgendered people
active in advocating LGBT rights in the Philippines. In an amicus brief
submitted to the Supreme Court, the Asian Forum for Human Rights and
Development (FORUM-ASIA) supported the petition of Ang Ladlad Party on the
basis that the decision of the COMELEC was contrary to international human
rights law.

On
11 November 2009, the COMELEC denied the application of Ang Ladlad to register
as a "sectoral' party under the party-list system of representation for next
year's general elections. In its decision, the commission cited the Bible and
the Koran to support its decision. Ang Ladlad is now challenging this decision
by filing a petition with the Supreme Court.

The
Philippines is a party to the International Covenant on Civil and Political
Rights and was one of the countries in the Association of Southeast Asian
Nations (ASEAN) to vigorously push for the establishment of the ASEAN
Intergovernmental Commission on Human Rights (AICHR), demonstrating that it
would like to take the lead in human rights promotion and protection in Asia.
FORUM-ASIA calls on the COMELEC to reverse its decision to respect the
fundamental principle of non-discrimination and equality in human rights.

Moreover,
FORUM-ASIA believes that this case illustrates one of the key challenges that
women human rights defenders face in their work. In Asia, women human rights
defenders often suffer the negative impacts of harmful practices resulting from
the invocation of traditional, cultural and religious values.

In
its brief, FORUM-ASIA argued, "Prohibition against discrimination based on sex
under international human rights law includes prohibition against
discrimination based on sexual orientation or gender identity". It further
stressed that the right to political participation "cannot be denied based on
the ground of sexual orientation or gender identity".

For
more information, please contact FORUM-ASIA Human Rights Defenders Programme at
email [email protected] or tel.no. +66
2 653 2942 (extension no. 403).

To read the amicus curiae, please click here (pdf).