Sogiesc Equality Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -7 P12:08 SENATE S.B. No. - INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR SEX CHARACTERISTICS (SOGIESC) AND PROVIDING PENALTIES THEREFOR EXPLANATORY NOTE The State's mandate to protect and accord full respect to the fundamental human rights of every person, regardless of sexual orientation, gender identity or expression, or sex characteristics (SOGIESC) is enshrined in the Constitution and several universally accepted human rights instruments and international covenants. Under our own declaration of state policies, the State values the dignity of every human person and guarantees full respect for human rights.I The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.? No less than the Equal Protection Clause? in the Bill of Rights requires the equal and uniform implementation and application of all laws to all persons similarly situated and under the same circumstances, as well as the equal treatment of all persons before the law. The Philippines is also a signatory to several international human rights instruments which recognize the inherent dignity and inalienable human rights of all persons, without any distinction of any kind, some of which include the United Nations Universal Declaration on Human Rights (UN UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly the General Recommendation No. 28 on Non-discrimination Based on Sexual Orientation and Gender Identity, Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social, and Cultural Rights (ICESCR). In 2019, the Office of the High Commissioner for Human Rights (OHCHR) of the United Nations reaffirmed that these instruments have been interpreted as ' CONST., art. 2, §11. 2 CONST., art. 2, § 14. 3 CONST., art. 3, § 1.

including discrimination on the basis of sexual orientation, gender identity, and sex characteristics. 4 The OHCHR reiterated that "human rights are for everyone, without exception: lesbian, gay, bisexual, trans and intersex (LGBTI) people are just as entitled to protection, respect and fulfilment of their human rights as everyone else, including protection from discrimination, violence and torture."5 The most recent report made by the OHCHR to the UN Human Rights Council (UNHRC) concerning discrimination and violence against individuals based on their sexual orientation and gender identity stated that the well-established obligations of States under international human rights law extended to LGBT and intersex persons. According to the report, "these obligations extend to refraining from interference in the enjoyment of rights, preventing abuses by third parties and proactively tackling barriers to the enjoyment of human rights, including, in the present context, discriminatory attitudes and practices. "6 However, despite the unequivocal recognition and protection of the fundamental human rights of all persons of diverse SOGIESC in both domestic and international law, numerous cases of discrimination and notorious hate crimes are still perpetuated against members of the community in the Philippines. They continue to be victims of unequal treatment and prejudice in various areas of everyday life, such as education, employment, health, family affairs, media, and public participation, among others. Some cases which received national attention were the murder of Jennifer Laude, a transgender woman, in 2014, and the detainment of Gretchen Diez, also a transgender woman, for entering and using a women's restroom in 2019. As recently as February 2020, transgender profiling allegedly occurred in Makati City where transgender women were invited to the police station under a blanket instruction to "profile" all transgender women without providing any sufficient reason for such invitation. Many more of these cases go unreported and do not receive appropriate action, reflecting a systematic marginalization of the community. In 2014, the UN Development Programme (UNDP) and USAID published a report outlining the legal and social environment experienced by persons of diverse SOGIESC in the Philippines? The report noted that in educational institutions, cases of discrimination, bullying and abuse were perpetuated under the guise of 'academic freedom' which allows educational institutions to create their own policies. In employment, discrimination and abuse were found to be experienced both in recruitment and regular employment. There are also cases of discrimination in the workplace in terms of HIV status and sexual harassment of LGBT employees. In family 4 Office of the High Commissioner for Human Rights, Born Free and Equal: Sexual Orientation, Gender Identity and Sex Characteristics in International Human Rights Law § 9. (2nd ed. 2019). See, for example, Committee on Economic, Social and Cultural Rights, General Comments No. 20 (E/C.12/ GC/20), 2009, para. 27, and No. 22 (E/C.12/GC/22), 2016, at paras. 9, 23; Toonen v. Australia, Human Rights Committee, Communication No. 499/1992 (CCPR/C/50/D/499/1992), para. 8.7; Committee on the Rights of the Child, General Comments No. 4 (CRC/GC/2003/4), 2003, para. 6, and No. 9 (CRC/C/ GC/9), 2007, para. 8; Committee against Torture, General Comments No. 2 (CAT/C/GC/2), 2008, para. 21, and No. 3 (CAT/C/GC/3), 2012, paras. 32, 39. 5 UNDP & USAID, Being LGBT in Asia: The Philippines Country Report § 9 (2014). • Office of the High Commissioner for Human Rights, Discrimination and violence against individuals based on their sexual orientation and gender identity (A/HRC/29/23), 2015, para. 10. > Supra at note 5.

affairs, LGBT youths were found to be particularly vulnerable to discrimination and abuse. The Human Rights Committee of the ICCPR also expressed concerns that LGBT persons are still subjected to arrest and prosecution on the basis of sexual orientation or gender identity by means of the "grave scandal" provision in Article 200 of the Revised Penal Code. 8 Recent developments in local legislation and administrative policy have nevertheless enacted welcome changes against discrimination on the basis of SOGIESC. In 2014, the Quezon City Council enacted a gender-fair ordinance, and since then other local government units have also followed suit. 10 In 2018, the UNDP and Commission on Human Rights (CHR) noted that only Quezon City had passed the Implementing Rules and Regulations (IRR) for its Gender-Fair Ordinance; subsequently, in 2024, Mandaue City promulgated its own IRR. In contrast, in areas where IRRs have yet to be enacted, violations concerning anti-discrimination ordinances often cannot be pursued as formal cases, thus limiting their enforceability. Notably, Quezon City has continued to lead in progressive initiatives, such as the recent introduction of Rights to Care cards, which allow LGBTQ+ individuals to make medical decisions for their partners in the absence of legal recognition of same-sex unions.12 The Department of Education has also issued in 2013 the IRR of the Anti- Bullying Act of 2013 and included "gender-based bullying" as a prohibited act which requires all schools' active prevention and intervention. 13 In line with this, the UNDP and CHR recommend the uniform application of changes in policy, such as the mainstreaming of gender-neutral policies in government agencies and offices, as well as the passage of circulars and Department Orders that will prohibit gender markers as basis for denial of services or rationale to demand for additional requirements. 14 For a long time, exclusion and discrimination has been the reality of persons of diverse SOGIESC. The prejudice they experience have far-reaching effects, resulting in the deprivation of their full enjoyment of fundamental human rights. Addressing the human rights gap must not stop at the local and administrative level. The national government must also work to address the lack of protective legislation and supportive policies to safeguard the right of all persons against discrimination on the basis of their SOGIESC. One of the urgent concerns noted by the Human Rights Committee of the ICCPR on the Philippines' compliance with its international obligations on human rights & Human Rights Committee, Conciuding observations on the fourth periodic report of the Philippines, adopted by the Committee at its 106th session (15 October - 2 November 2012) (CCPR/C/PHL/CO/4), 2012, para. 10. 9 Ordinance No. SP-2357, S-2014. An Ordinance Providing for a Comprehensive Anti-Discrimination Policy on the Basis of Sexual Orientation, Gender Identity and Expression (SOGIE). September 29, 2014. 10 Eric Julian Manalastas, Anti-Discrimination Ordinances, Department of Psychology, University of the Philippines Diliman, https://pages.upd.edu.ph/ejmanalastas/policies-ordinances. " UNDP, Commission on Human Rights of the Philippines. Legal Gender Recognition in the Philippines: A Legal and Policy Review § 35 (2018).; UNDP. Mandaue City Strengthens Protection Against LGBTQ+ Discrimination. 12 Ordinance No. SP-3221, S-2023. An Ordinance Requiring the Recognition of Health Care Proxies by all Health Facilities within Quezon City. October 20, 2023. 13 Department of Education, Implementing rules and regulations of Republic Act No. 10627, otherwise known as the Anti-Bullying Act of 2013 § 3.b. 1.2 (2013). 14 Supra at note 11 § 46.

as that a comprehensive anti-discrimination bill that prohibits discrimination rounds of SOGIESC has not been passed into law. This bill seeks to address the human rights gap by defining every person's fundamental right against discrimination on the basis of SOGIESC, imposing criminal and civil liabilities for discriminatory acts, and incentivizing the promotion of non- discrimination in the private sector. It shall also serve as the Philippines' compliance with several international human rights instruments. It shall endeavor inclusiveness and equality so that persons of diverse SOGIESC may fully participate in everyday life without any fear of abuse, discrimination, and reprisal. It shall ensure that all persons, regardless of their SOGIESC, are able to fully enjoy the right to life, liberty, and property as well as the equal protection of the laws. The immediate passage of this bill is earnestly sought. RISA HONTIVEROS Senator 15 Supra at note 8.

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -7 P12:08 SENATE S.B. No. _ INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR SEX CHARACTERISTICS (SOGIESC) AND PROVIDING PENALTIES THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1, Short Title. - This Act shall be known as the "SOGIESC Equality

2 Act".

Sec. 2. Declaration of Policy. - The State recognizes the fundamental right of

•every person, regardless of sex, age, class, status, ethnicity, color, disability, religious and political beliefs, sexual orientation, gender identity or expression, or sex characteristics (hereinafter referred as "SOGIES"), to be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under the Equal Protection Clause and the Bill of Rights provisions of the Philippine Constitution, and 9 international and domestic laws to respect, protect, and fulfill the rights and dignity of every individual. Towards this end, the State shall exert efforts to address all forms of discrimination, marginalization and violence on the basis of SOGIESC, and to promote human dignity as enshrined in the United Nations Universal Declaration on Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, particularly the General Recommendation No. 28 on Nondiscrimination Based on Sexual Orientation and Gender Identity, Convention on the Rights of the Child, International Covenant on Civil and Political Rights, International Covenant on

1 Economic, Social, and Cultural Rights and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory. The State shall likewise provide for mechanisms to offset or address SOGIESC- 5 based disadvantages or limitations, as a result of which persons of diverse SOGIESC 6 are denied or restricted in the recognition and protection of their rights and in their 7 access to and enjoyment of opportunities, benefits, or privileges otherwise available to other persons. The State shall ensure reasonable accommodation in the interpretation of its policies and programs, so that household consisting of couples of 10 diverse SOGIESC are not excluded from economic assistance programs and social protection instruments. Nothing in this Act shall be interpreted to disturb the exercise of parental authority vested on the parent or guardian by the Family Code of the Philippines, provided that such exercise shall be subject to the limitations provided for by law and the rights and the best interests of the child.

Sec. 3. Definition of Terms. - As used in this Act, the following terms shall be

defined as follows: A. Bisexual refers to a person who has the capacity to form physical. romantic, and/or emotional attractions to those of the same gender or to those of another gender; B. Child refers to a person below eighteen (18) years of age, or eighteen years of age and older but who is incapable of taking care of oneself as defined under Republic Act No. 7610, as amended; Discrimination refers to any distinction, exclusion, restriction, or preference which is based on any ground such as sex or SOGIESC, and which has the purpose or effect, whether direct or indirect, of nullifying or impairing the recognition, access to, enjoyment, or exercise by all persons on an equal footing of all rights and freedoms. The actual sex or SOGIESC of the person subjected to discrimination shall not be relevant for the purpose of determining whether an act of discrimination has been committed; Direct Discrimination occurs where a person is treated less favorably

than another person in the same or comparable circumstances on the ground of their SOGIESC. Indirect Discrimination occurs where an apparently neutral condition or requirement is imposed which has the effect of disadvantaging a person of diverse SOGIESC and which is not reasonable in the circumstances. D. Gay refers to a person who identifies himself as a man and whose enduring physical, romantic, and/or emotional attractions are to people who also identifies themselves as men; E. Gender refers to a social construct used to categorize a person as man, woman, or other identity, which is usually based on one's sex assigned at birth; F. Gender Expression refers to the way a person communicates gender identity to others through behavior, clothing, hairstyles, communication or speech pattern, or body characteristics; G. Gender Identity refers to a person's innermost concept of self as man, woman, or another non-binary identity which may or may not correspond with their sex or gender assigned at birth; H. Harassment refers to such unwanted conduct, pattern of conduct, act, or series of acts which tend to annoy, insult, bully, demean, offend, threaten, intimidate, alarm, or create a hostile or emotionally distressing environment, or put a person or group of persons in fear of their safety; I. Hate Crimes refer to criminal offenses committed against a person or a group of persons, or against such targeted person's or group's honor or property, motivated in whole or in part by the offender's bias against SOGIESC; Intersex refers to people born with the sex characteristics (including genitals, gonads and chromosome patterns) that do not fit typical binary notions of male or female bodies, all of which are natural bodily variations along a spectrum; K. Lesbian refers to a person who identifies herself as a woman and whose consistent physical, romantic, and/or emotional attractions are to people who also self-identify as women;

L. Marginalization refers to a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life; M. Persons of Diverse SOGIESC refer to the collective of persons who are man and woman homosexuals (gays and lesbians, respectively), bisexual, transgender, and intersex, among others; N. Reasonable Accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons of diverse SOGIESC, the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; 0. Sex refers to the civil status of a person acquired by birth having a system of reproduction corresponding to that belonging to either male, female, or intersex; P. Sex Characteristics refers to a person's physical traits that indicate their biological sex, such as chromosomes, external genitalia, gonads, hormones, and internal reproductive organs, traits present at birth are called primary sex characteristics, whereas those that develop during puberty are called secondary sex characteristics; Sexual Orientation refers to the direction of emotional, sexual attraction, or conduct towards people of the same gender (homosexual orientation) or towards people of more than one gender (bisexual orientation), or towards people of different gender (heterosexual orientation) or to the absence of sexual orientation (asexual attraction); Stigma refers to the dynamic devaluation and dehumanization of an individual in the eyes of others which may be based on attributes that are arbitrarily defined by others as discreditable or unworthy, and which result in discrimination when acted upon; and Transgender refers to a person whose gender identity does not align with the sex or gender assigned at birth, frequently abbreviated to "Trans".

Sec. 4. Communities Vulnerable to Discrimination and Abuse on the Basis of

SOGIESC. - This Act seeks to protect individuals and communities that are at a greater risk of experiencing human rights violations on the basis of SOGIES, including 3 individuals and communities of diverse SOGIESC who are children, young, poor, 4 differently abled, of different ethnic background, or cultural background, and of 5 various religious belief. For this purpose, discrimination on the grounds of a person's SOGIESC 7 intersecting or compounded by other grounds and factors such as age, racial or ethnic 8 origin, religious belief or activity, political inclination or conviction, social class, 9 economic status, marital or relationship status, disability, HIV status, health status or medical history, language, physical features, or other status shall be considered a discriminatory practice.

Sec. 5. Discriminatory Practices. - It shall be unlawful for any person, natural

or juridical, to engage in discrimination as defined in this Act, which shall include: A. Including SOGIESC, as well as the mandatory disclosure of one's SOGIESC, in the criteria for hiring, promotion, transfer, designation, work assignment, reassignment, dismissal of workers, and other human resource movement and action, performance review, and in the determination of employee compensation, access to career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment: Provided, that this provision shall apply to employment and skills training in both the private and public sectors, including military, police, and other similar services: Provided further, that this prohibition shall likewise apply to the contracting and engaging of the services of juridical persons; Provided finally, that nothing in this paragraph shall be construed as preventing employers or contractors from setting criteria or standards germane to the work involved and the services required. B. Refusing admission or expelling a person from any educational or training institution open to the general public, including police and military academies or training institutions, on the basis of SOGIESC, including discriminating against a student or trainee due to the SOGIESC

of the student's parents or guardian, court-appointed or otherwise; Provided, that nothing in this section shall be construed as violating the right of these institutions to academic and religious freedom subject to legitimate restrictions provided by the Constitution and other laws; Provided further, that in all cases, the rights and best interests of the child shall be paramount. C. Imposing disciplinary sanctions, penalties harsher than customary or similar punishments, requirements, restrictions or prohibitions that infringe on the rights of the students on the basis of SOGIESC, including discriminating against a student or trainee due to the SOGIESC of the student's parents or guardian, court-appointed or otherwise; Provided, that nothing in this section shall be construed as violating the right of these institutions to academic and religious freedom subject to legitimate restrictions provided by the Constitution and other laws; Provided further, that in all cases, the rights best interests of the child shall be paramount; D. Refusing or revoking the accreditation, formal recognition, registration or plan to organize of any organization, group, political party, institution, or establishment solely on the basis of the SOGIESC of their members or of their target constituencies; E. Denying a person access to emergency and/or necessary health services open to the general public on the basis of such person's SOGIESC; F. Subjecting a person deprived of liberty to extortion, physical, verbal abuse, or sexual abuse, and cruel and degrading punishment, because of their SOGIESC; Subjecting or forcing a child to undertake any medical or psychological examination or procedures, invasive or non-invasive, western or traditional, to determine or alter, or both, their SOGIESC; H. Preventing a child under parental authority, custody, or guardianship, whether court appointment or otherwise, from exhibiting or expressing one's sexual orientation or gender identity; or manifesting rejection of such child's SOGIESC by inflicting or threatening to inflict physical harm

or emotional suffering against the child through intimidation, harassment, public ridicule or humiliation, repeated verbal abuse, or committing any act or omission prejudicial to the welfare and interest of the child as a result of the bias against the SOGIESC of the child; Denying access to public services to any person on the basis of SOGIESC; Denying an application for or revoking a professional or other similar kind of license, clearance, certification, or any other similar document, issued by the government due to the applicant's SOGIESC; K. Denying a person access to or the use of establishments, facilities, utilities, or services, including housing, open to the general public on the basis of SOGIESC: Provided, that the act of giving inferior accommodations or services shall be considered a denial of access or use of such facility or service; L. Subjecting any person or groups to unwarranted investigatory activities on the basis of their SOGIESC or presumptions about their SOGIESC, including the conduct of unnecessary and degrading searches to determine whether such person or group is engaged in an activity presumed to be unlawful, immoral, or socially unacceptable. Provided, that nothing in this bill shall prevent the conduct of legitimate law enforcement activities or operations;

Sec. 6. Privacy Rights. - No person shall be burdened, prejudiced, or

prosecuted by reason of the exercise of the right to personal privacy, unless it can be shown that there is a compelling reason or interest justifying the infringement of said constitutional right, and there is no other less restrictive means to achieve said reason or interest.

Sec. 7. Administrative Sanctions. - Refusal of a government official or

employee or those involved in the enforcement of law whose duty it is to implement any part of this act, investigate, prosecute, or otherwise act on a complaint for a violation of this Act or causing unreasonable delay to perform such a duty without a valid ground shall constitute gross negligence on the part of the official who shall suffer the appropriate penalty under civil service laws, rules and regulations.

SEC. 8. Penalties. - Discriminatory practices under Section 5 of this Act shall

be penalized as follows: (a) For acts falling under Section 5 (a), (b), (c) and (d) of this Act, the penalty shall be a fine of not less than One Hundred Thousand Pesos (Php 100,000.00), but not more than Two Hundred Fifty Thousand Pesos (Php 250,000.00), or imprisonment of not less than one year, but not more than six (6) years, subject to the discretion of the court; (b) For acts falling under Section 5 (e) of this Act, the penalty shall be a fine of not less than One Hundred Thousand Pesos (Php 100,000.00), but not more than Three Hundred Thousand Pesos (Php 300,000.00), or imprisonment of not less than six months, but not more than two (2) years and four (4) months, or both at the discretion of the court; Provided, that in the event of death or permanent disability of the patient-complainant proceeding from the denial of medical treatment, the maximum penalty shall be imposed; Provided further, that if the discriminatory act is committed by a physician, such shall also be ground for the suspension or revocation of their license or registration certificate; (c) For acts under Section 5(f) of this Act, the penalty shall be a fine of not less than One Hundred Thousand Pesos (Php 100,000.00), but not more than Two Hundred Fifty Thousand Pesos (Php 250,000.00), and imprisonment of not less than one year, but not more than six (6) years. Provided, that this is without prejudice to the provisions of Republic Act No. 9745 or the Anti-Torture Act, which designates torture as a separate and independent crime; (d)For acts falling under Section 5(g), the penalty shall be a fine of Ten Thousand Pesos or imprisonment of eleven (11) to thirty (30) days. Provided, that if the act is committed by a medical practitioner, such shall also be ground for the suspension or revocation of their registration certificate; (e) For acts falling under Section(h), the same shall be shall be penalized with the same penalty as the prohibited act/s under Republic Act No. 7610 or the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act" to which they may are analogous. (f) For all other acts under Section 5-

• The first offense shall be punished by a fine of Five Thousand Pesos (PhP 5,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the Commission on Human Rights; • The second offense shall be punished by a fine of Fifteen Thousand Pesos (PhP 15,000.00) or imprisonment of eleven (11) to thirty (30) days; • The third offense shall be punished by a fine of Thirty Thousand Pesos (Php 30,000.00) and imprisonment of one month and one day (1 month and 1 day) to six (6) months. If the discriminatory practice is committed by a corporation, trust, firm, partnership, association or other entities, the penalty of a fine of not less than Two Hundred Fifty Thousand Pesos (Php 250,000.00) but not more than Five Hundred Thousand Pesos (Php 500,000.00) or imprisonment of not less than six (6) years but not more than twelve (12) years, subject to the discretion of the court, shall be imposed upon the guilty officials, officers, or employees without prejudice to the civil liabilities of the entity arising from the criminal offense; Provided that, in case of repeated commission of discriminatory practices, the offender's license to operate shall be revoked. Nothing in this Act shall preclude the victim from instituting a separate and independent action for damages and other affirmative reliefs. The penalties provided under this Sec shall be without prejudice to the 24 imposition of administrative liability for government officials and employees. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. Acts that are legitimate and long-standing expressions of indigenous culture and tradition shall not be penalized, provided that they do not violate the human rights of others.

Sec. 9. Special Aggravating Circumstance. - if any civil, criminal, or

administrative offense, not falling under this Act, is committed and proven to be

motivated by bias, prejudice, or hate based on SOGIESC, said offense shall be aggravated and the corresponding penalty provided thereto shall be imposed in its maximum.

Sec. 10. Redress Mechanisms for SOGIE-related cases.

Inclusion of SOGIE Concerns in All Police Station Activities and Services. - The Women and Children's Desks now existing in all police stations shall be renamed as Women, Children and Persons of Diverse SOGIESC Protection Desk, which shall also act on and attend to complaints/cases covered by this Act. In this regard, police handling said desks shall undergo appropriate trainings with human rights-based approach to include among others gender sensitivity and awareness in proper terminology and in the dynamics of relationships existing between persons of diverse SOGIESC as applied in hate crime investigations, case handlings, and case documentations. Complainant-minors can be represented by parents, guardians, or a non- government organization of good standing and reputation. Role of the Civil Service Commission - In appropriate cases, the Civil Service Commission (CSC) shall, by regulation, require government establishments, including government-owned and controlled corporations and financial institutions to establish a grievance mechanism to address discriminatory practices in the workplace and in the provision of services to the public. For this purpose, failure or delay in establishing a grievance mechanism shall be a ground for the imposition of an administrative fine as may be prescribed by the CSC. Role of the Department of Labor and Employment - In appropriate cases, the Department of Labor and Employment (DOLE) shall, by regulation, require private establishments to establish a grievance mechanism to address discriminatory practices committed in the workplace and in the provision of services to the public. For this purpose, failure or delay in establishing a grievance mechanism shall be a ground for the imposition of an administrative fine as may be prescribed by the DOLE. D. Role of the Commission on Human Rights (CHR). - The CHR shall

investigate and recommend the filing of a complaint against any person violating this Act. If the CHR has reasonable cause to believe that any person or group of persons is committing acts penalized in Section 5 of this Act, the CHR shall recommend a legal action in the appropriate prosecutor's office or court. The CHR shall also direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required under this Act, and recommend the revocation of license, removal from office or employment, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith, the refusal or delay in the compliance with the directive of the chr, without valid cause, to revoke the license, remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault, or who neglects to perform an act or discharge a duty required under this Act, shall be a ground for disciplinary action against said officer. The CHR shall also document cases of discrimination on the basis of SOGIESC and shall include these documented cases in its annual human rights report. The Commission shall actively provide recommendations to different branches of government on how to address and eliminate discrimination on the basis of SOGIESC.

Sec. 11. Government Programs and Policies. - The State shall pursue initiatives

and programs that seek to establish and maintain an environment free of stigma and discrimination. It shall direct the machinery and resources of the State to promote non-discrimination and shall encourage other sectors of the society to engage and participate in these efforts. Towards this end, the Council, shall, by rules and regulations, develop, prescribe and administer incentive and award scheme to encourage public and private establishments to provide programs that defend the human rights of persons of diverse SOGIESC and contribute to their empowerment. A. Social Protection Programs (SPP). - The national government shall ensure that communities vulnerable to stigma and discrimination on the basis of

SOGIESC are integrated into government-run social protection programs. B. Diversity and Inclusion Programs and Trainings (DIPT). - All government agencies, including government-owned and controlled corporations, local government units (LGUs), private companies, public and private educational institutions, and other entities, whether public or private, shall establish diversity and inclusion programs and shall endeavor to provide or conduct trainings for their staff, employees, students and trainees, and constituents on human rights, gender sensitivity and awareness, and sensitization on the issue of violence and abuse to ensure that human rights violations and violence on the basis of SOGIESC are prevented. Such institutions may incorporate these activities into existing gender sensitivity and development training programs or school curricula. Finally, the above-listed agencies, companies and institutions shall create an internal redress mechanism to address cases of discrimination and develop administrative remedies or sanctions for such cases. C. Information and Education Campaign (IEC). - All government agencies and instrumentalities are mandated to develop and implement SOGIESC-specific gender sensitivity education and information dissemination. They shall endeavor to produce and publish information and education campaign materials on gender and human rights.

Sec. 12. Empowering Portrayal of Persons of Diverse SOGIESC in Media. - The

positive and empowering portrayal of persons of diverse SOGIESC by media shall be encouraged to counter existing stereotypes and misconceptions that often lead to discriminatory practices. Towards this end, incentive and award scheme shall be provided to programs that defend the human rights of persons of diverse SOGIESC and contribute to their empowerment, pursuant to Sec. 11 of this Act.

Sec. 13. SOGIESC Congressional Oversight Committee. - For the effective

implementation of this Act, there shall be created a Congressional Oversight Committee, hereinafter referred to as the SOGIESC Equality Congressional Oversight Committee (SECOC), within sixty (60) days after the enactment of this Act. The SECOC shall be composed of five (5) members each from the Senate and the House of Representatives, which shall include the Chair of the Senate Committees on Women,

Children, Family Relations and Gender Equality, and of Justice and Human Rights, and the Chair of the House of Representatives Committees on Women and Gender 3 Equality, and of Human Rights. The members from the Senate and the House of 4 Representatives shall be appointed by the Senate President and the Speaker, respectively, with at least one (1) member representing the minority. The SECOC shall be chaired jointly by the Chair of the Senate Committee on 7 Women, Children, Family Relations and Gender Equality and the House Committee on 8 Women and Gender Equality. The position of Vice-Chair of the SECOC shall be jointly 9 held by the Chair of the Senate Committee on Justice and Human Rights and the House Committee on Human Rights. The Secretariat of the SECOC shall come from the Secretariat personnel of the Senate and the House of Representatives concerned. The SECOC shall monitor the compliance of public institutions to the provisions 13 of this Act. Within three (3) years after the enactment of this Act, the SECOC shall conduct an audit of national and local policies that discriminate on the basis of SOGIESC, and shall submit a report to Congress, the Office of the President, and the Supreme Court, on this subject. The SECOC shall cease to exist ten years after its organization.

Sec. 14. Inter-Agency Council on SOGIESC Equality. - In pursuance of the

abovementioned government programs and policies, there is hereby established an Inter-agency Council on SOGIESC Equality, hereinafter known as the Council, which shall be composed of the following agencies and organizations: A. Commission on Human Rights (CHR); B. Department of Justice (DOJ); C. Civil Service Commission (CSC); D. Philippine National Police (PNP); E. Department of Information and Communications Technology (DICT); F. National Youth Commission (NYC); G. Philippine Commission on Women (PCW); H. Commission on Population (POPCOM); I. Department of Labor and Employment (DOLE); J. Department of Education (DepEd); K. Commission on Higher Education (CHED);

L. Technical Education and Skills Development Authority (TESDA); M. Department of Health (DOH); N. Department of Social Welfare and Development (DSWD); and 0. At least three (3) representatives from Civil Society Organizations (CSOs) with proven expertise and track record on SOGIESC concerns. The Chair of the CHR shall be the permanent Chair of the Council, and the 7 Secretary of Justice as its permanent Vice-Chair. The Council members may designate their permanent representative who shall have a rank not lower than an Assistant Secretary or its equivalent, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. The CSOs forming part of the Council shall be identified by the government agency representatives of the Council. The representatives of the CSOs shall serve for a term of three (3) years renewable at the discretion of the Chair upon recommendation of the council for a maximum of two (2) consecutive terms. The Council shall meet at least once every quarter. The presence of the Chair or the Vice-Chair of the Council, and at least ten (10) other representatives of the 17 Council members shall constitute a quorum to do business, and a majority vote of those present shall be sufficient to pass resolutions or render decisions.

Sec. 15. Powers and Functions of the Council. - The Council shall have the

following powers and functions: A. Develop DIPTs and IECs for the national government; B. Provide overall direction to the DIPTs, and IECs of the national government, and guidance and technical assistance to agencies in the implementation of the DIPTS, IECS, and SPPs in their respective agencies; C. Encourage LGUs to issue ordinances promoting DIPTs and IECs within their respective jurisdictions; D. Ensure that branches, departments, bureaus, offices, agencies and instrumentalities of the government, including GOCCS, SUCs and LGUs, undertake appropriate measures, subject to existing laws, rules and issuances, relative to the violation of non-discrimination laws or issuances, and/or filing of appropriate action against erring persons;

E. Establish a system for monitoring the progress of branches, departments, bureaus, offices, agencies, and instrumentalities of the government, including GOCCs, SUCs and LGUs, in the implementation of DIPTS, IECs and SSPs; F. Enlist the support and assistance of other government agencies and instrumentalities in the attainment of the objectives of Sec. 10 of this Act; and G. Submit to the SEOC regular reports on the progress of the implementation of this Act, highlighting the impact thereof on the status and human rights of persons of diverse SOGIESC and recommend possible legislation to address gaps in existing laws.

Sec. 16. Secretariat to the Council. - The Commission on Human Rights shall

establish the necessary Secretariat for the Council consisting of personnel with the necessary technical expertise and capacity that shall be conferred permanent appointments, subject to civil service rules and regulations. The Secretariat shall be headed by an Executive Director who shall be under the direct supervision of the Chair of the Council. The secretariat shall perform the following functions: A. Coordinate and manage the day-to-day affairs of the Council; B. Assist in the formulation, monitoring, and evaluation of DIPTs, and IECs; Provide technical assistance, support and advisory services to the Council and its external partners; D. Assist the Council in identifying and building internal and external networks and partnerships; E. Coordinate and support the efforts of the Council and its members to mobilize resources; and F. Provide administrative support to the Council.

Sec. 17. Appropriations. - Such amounts as may be necessary for the

implementation of this Act shall be indicated under the annual General Appropriations Act (GAA). National and local government agencies shall be authorized to utilize their mandatory gender and development (GAD) budget. In addition, LGUs may also use their mandatory twenty percent (20%) allocation of the annual internal revenue

allotments for local development projects as provided under Section 287 of Republic 2 Act No. 7160, otherwise known as the "Local Government Code of 1991".

Sec. 18. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the Council shall promulgate the necessary rules and regulations for the effective implementation of the provisions of this Act. Thereafter, 6 this act shall be fully implemented with or without the IRR.

Sec. 19. Separability Clause. - If any provision of this Act is declared

8 unconstitutional or otherwise invalid, the validity of the other provisions shall not be affected thereby.

Sec. 20. Repealing Clause. - All laws, decrees, orders, rules and regulations or

parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 21, Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,