The Commission on Human Rights (CHR) on Thursday condemned the alleged practice of “Operation Supak” in Maguindanao del Sur, in which the local government targeted members of the LGBTQIA community.
“The report states that barangay officials, allegedly acting on instructions from the City Mayor, visited homes of persons perceived to be lesbian or gay. They were compelled to report to the barangay hall, and same-sex adult couples living together were forcibly separated. In the recorded interview, a Barangay Official explained that the actions of the couples are prohibited in the laws of men and much more prohibited by Islam,” the CHR said.
The commission said this constituted unlawful harassment, discrimination, and the violation of LGBTQIA persons’ rights to privacy and security.
“This conduct possibly breaches constitutional guarantees and international human rights standards, specifically, the equal protection of laws, the principles of non-discrimination, privacy and freedom from arbitrary interference (UDHR, Art 12; ICCPR, Art. 17),” it said.
Under Philippine law, measures aimed at perceived lesbian and gay couples lack any legal basis, as there is no law prohibiting a woman from living with another woman and a man from living with another man, according to the CHR.
Rather, actions targeting LGBTQIA persons violate the Republic Act (RA) No. 11313 or the Safe Spaces Act, which penalizes gender-based harassment, including homophobic and transphobic behavior. In addition, RA 9710, also known as the Magna Carta of Women, outlaws the discrimination of women, which also includes discrimination on the basis of their sexual orientation, said the human rights watchdog.
It also stressed that while the freedom of religion is paramount in the Philippines, it cannot justify such actions by government officials, who are also governed by the rule of law and expected to uphold human rights.
The CHR, through the CHR-XII office, has launched an investigation into the matter and is working closely with the Bangsamoro Human Rights Commission.
