by Danielle Roberto

The history of colonization in the Philippines played a crucial role in the societal norms rampant today. Pre-colonial history states that Babaylans are highly reputed individuals that held great socio-political influence. They were male or female religious leaders assuming the demeanor of women and even had the right to marry anyone regardless of gender. One of the pioneering transgender activists, Naomi Fontanos, stated that the terms asog, bayoguin, bakla were originally categorized as gender terms leading to a presumption that the ancient Philippines believed in gender diversity and was open to the idea that gender is not constricted to the binary ones. But when the Spaniards assailed the islands in 1565, the massive erasure of the ancient Philippine culture commenced including its supernumerary gender system. 

Today, Filippinos are experiencing the detrimental implications of the customs and norms our colonizers have institutionalized that consequently breed ignorance and discrimination. For instance, the society’s shallow appreciation LGBTQIA+ members perpetuates in comedy and entertainment media, making the Philippines seem amiable to diversity, when in reality, most Filipinos do not even have the proper understanding of fundamental concepts such as the difference between sexual orientation and gender identity. For most, a transgender person connotes to a gay person who had “sex change or transplant”, continuously misunderstanding the terms transwomen and transmen as gay and lesbians respectively. This superficial understanding disregards the fact that transgender is an umbrella term that refers to people whose gender expression does not conform to the sex they were assigned at birth. 

Consequently, the transgender community in the Philippines continues to face the social stigma and conflicting perspectives that have hindered the formation of laws and policies that heed their call for equal rights and opportunities. Their fight to be seen and understood is far from over, it is just the beginning. Developments over the years may be promising, but there are still gaps and points of improvement that need to be acknowledged and addressed.

Promising Progress

Words at Work: Inclusivity in Language

The youth of today have been advocating for sensitivity and inclusivity in speech and conversations, pushing forward a language that is respectful, accurate, and relevant to everyone. One of the steps to avoid misgendering or incorrectly assuming someone’s gender identity is by being mindful of someone’s preferred pronouns. As reported by Attorney Tamayo in her work, Legal Gender Recognition in the Philippines, over the years, non-binary people have been misgendered in schools or workplaces that often cohere to heteronormative practices. Misgendering can make someone feel disrespected, invisible, and cause other lasting emotional effects that should not be trivialized. By including pronouns when introducing, in email signatures, or social media biographies we can help normalize a practice that is accepting and inclusive of everyone. 

Safe Spaces: Gender-Neutral Bathrooms in Public Areas

On the other hand, multiple institutions have supported the construction of gender-neutral bathrooms that provide comfort and accommodate anyone regardless of gender identity or expression. This initiative towards inclusivity aims to prevent discrimination against trans people and breaks the normal segregation of binary restrooms. Universities like Ateneo de Manila University, Lyceum University, St. Louis University installed new unisex public toilets across their campuses. Local government units have also passed and enacted ordinances that require offices and establishments to build all-gender lavatories. The Manila City government recently ordered shopping malls, stores, business infrastructures to provide gender-neutral toilets by 2023. Moreover, they are looking into making this a requirement in acquiring business permits in the city.

Monumental Motions: Legal Triumphs and Recognition

Congresswoman Geraldine Roman, the first-ever transwoman elected in the Philippine Congress, lobbies for more legislation that strengthens anti-discrimination provisions present today. She is one of the major lawmakers that is vocal in supporting SOGIESC-based (sexual orientation, gender identity, gender expression, and sex characteristics)  Anti-Discrimination Bill that addresses the issues of discrimination done against a more specific marginalized group—the members of the LGBTQIA+ Community. This bill protects the rights of Filipinos in expressing themselves while condemning and penalizing any form of harassment or discrimination based on SOGIE. The bill prohibits guardians from preventing children from expressing their SOGIE and causing any form of emotional or mental suffering. Currently, the SOGIE Anti-Discrimination Bill has received the approval of the Senate panel and will now move to the next step. There is still a lot of work to be done before it can finally be passed as a law, but these small wins give us hope that the future won’t be too bleak. 

What still needs to be done?

Revolution for Revision: Penalize Hate Crimes and Petition for Protection

With the onset of the pandemic, there has been a major rise in cases of domestic violence in the country. Until now, the Philippines’ Penal Code fails to give the trans community proper protection against hate crimes and assault. Under the Revised Penal Code, rape on assigned female at birth is prosecutable with reclusion perpetua or permanent imprisonment, however, when a man or transwoman suffers the same crime, the perpetrator of the crime will only be charged with sexual assault and jailed for about six to 12 years. Trans activists believe that the Philippine National Police (PNP) lack sufficient training in investigating hate crimes against transgender people. Aside from revising the penal code, lawmakers must pass a bill that allows transgender people to change their legal first name with or without the basis of reassignment. For years, trans people have been deprived of this right as legislators state that it is not sanctioned or explicitly stated in Republic Act No. 9048 or Clerical Error Law of 2001. 

Right to Healthcare: Make It Accessible!

In a Catholic country like the Philippines, medical practitioners usually refuse to perform surgical procedures for sex reassignment when it’s not aligned with their religious beliefs. The cost for Hormone replacement therapies (HRT) and gender-affirming surgeries are expensive, deeming these methods almost inaccessible for the majority. PhilHealth, a national agency, also does not cover any costs for surgeries for the physical and medical transitioning of transgender people. There are no existing provisions, rules, or regulations addressing the health needs of the trans community. Health institutions like the Department of Health (DOH) must craft policies that provide accessible healthcare for all and hold programs that raise awareness of the needs of the community.

Freedom of Expression: Dismantle Discrimination through Education

Meanwhile, trans people face microaggressions even at the hands of their schools or universities that enforce students to wear uniforms based on their sex assigned by birth rather than their gender identity and expression. Sometimes, faculty members tend to misgender or deadname students by addressing them incorrectly using wrong pronouns or their legal names instead of their chosen names. With these issues, sensitivity training and seminars that include sexual and gender diversity must be administered by schools to faculty members, students, and administrators. DepEd, CHED, and TESDA must strengthen their curriculum by implementing a more extensive SOGIE education. These issues also perpetrate in workplace policies and require the same response from business owners or executives. 

What does it mean to be visible and seen? 

On March 31, we celebrated the International Transgender Day of Visibility. In line with this, Jolly Torres, a grade 12 student from the Ateneo de Manila Senior High School shared their thoughts and experiences on what it’s like to live as a non-binary person and come out as a trans individual in the Philippines. They mentioned that coming out means potentially opening up oneself to transphobia that manifests in their daily lives and from people around them. Trans people do not have the same opportunities that cis people have. 

Jolly Torres’ Twitter post on pride in gender on Trans Day of Visibility, March 31, 2021 (https://twitter.com/savemejesus666/status/1377161238535233539)

“It is so important for trans people to be visible, as only when people see us can we really move forward towards a society, and a world, that is not transphobic, a world that is more accepting of us. We need to be visible and unapologetic when we take up space as trans individuals. We need to let cis people see us, in the hopes that they realize that we are here, and that we are not going away, ever,” Jolly added. 

Jolly emphasized the importance of trans visibility for the trans community and discussed how seeing their fellow trans people courageously come out on social media or school helps them think that it’s okay to live life unapologetically and fully as yourself. It gives them a sense of reassurance that “if they can do it, I can too.”

“Ultimately, living visibly as a trans person is scary and important, but that shouldn’t be the case. Trans people should not have to be afraid to live as their authentic selves, and the burden of dismantling transphobia all over the world should not have to fall on trans people,” Jolly concluded. 

For years, the trans community has been forced to bear the brunt of discrimination and violence rooted in historical implications from the past.  As the youth of today and the next leaders of the nation, all must join their fight for acceptance and partake in instigating change in the society. Together, the pressure of advocating for further progress and fulfilling actions to trample down bigotry and ignorance that reek in the country will minimize prejudice and discrimination against minorities. Ultimately, standing in solidarity with the marginalized and oppressed is indispensable in building a tomorrow where everyone is seen, heard, understood, and recognized for who they are. 

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References:
–https://newsinfo.inquirer.net/1289248/a-seat-at-the-table-why-trans-recognition-in-the-philippines-remains-lacking/amp
https://lib.ohchr.org/HRBodies/UPR/Documents/session13/PH/STRAP_UPR_PHL_S13_2012_SocietyofTranssexualWomenofthePhilippines_E.pdf
–https://prospect.org.uk/news/why-we-should-all-start-using-pronouns/
–https://www.forbes.com/sites/jamiewareham/2020/08/02/talking-about-your-pronouns-is-one-easy-way-to-be-a-transgender-ally-him-her-they/?sh=3849cb087964
–https://www.rappler.com/voices/ispeak/toilets-transgender-rights
–https://www.esquiremag.ph/life/sex-and-relationships/gender-neutral-restrooms-philippines-a00203-20180328-lfrm
–https://www.rappler.com/nation/businesses-manila-ordered-gender-neutral-toilets-2023-anti-discrimination-ordinance
–https://cnnphilippines.com/news/2019/8/16/SOGIE-Equality-Bill-Geraldine-Roman-LGBTQ-.htm–https://preen.ph/119223/sogie-anti-discrimination-bill-next-steps-after-senate-panel-approval-bn
–https://newsinfo.inquirer.net/1370022/senate-panel-approves-sogiesc-based-anti-discrimination-bill
–https://ndvlaw.com/change-of-name-and-sex-on-the-ground-of-sex-change/
–https://businessmirror.com.ph/2020/06/17/government-must-make-health-services-more-accessible/
-2018-legal-gender-recognition-in-the-philippines.pdf