LAST week, I had the chance to join again a webinar organized by the Integrated Bar of the Philippines (IBP), in partnership with Rainbow Rights Philippines, with the theme “SOGIESC101 and Initiatives: Understanding Concepts, the Safe Spaces Act and Anti-Discrimination Ordinances.” This was a webinar on Gender and Development.
The resource speakers were Atty. Jazz Tamayo and Atty. Eljay Bernardo. Both of them were from Rainbow Rights Philippine. Atty. Jazz is currently the president of the said organization while Atty. Eljay is the Legal Advocacy Officer and Paralegal Program Coordinator.
The objectives of the webinar were the following:
* to educate the members of the legal profession, paralegals, professionals, students, and interested participants on the concepts of SOGIESC (Sexual Orientation, Gender Identity, and Expression, and Sex Characteristics) which includes discussion on the experiences of discrimination
* to provide an overview of the Safe Spaces Act as a national initiative to address forms of harassment which also includes discussion on the pertinent provisions which protects the LGBTQ+ Community
* to encourage support for the passage of Anti-Discrimination Ordinances in Local Government Units (LGUs) as a grassroots initiative to reach a wider audience against various forms of discrimination
One of the things I wanted to share and detail is the discussion on Republic Act (RA) No. 11313 or the Safe Spaces Act. This is related to RA No. 7877 or the Anti-Sexual Harassment Act of 1995. This law has not be repealed but only expanded through the Safe Spaces Act.
The Safe Spaces Act expanded the crime of sexual harassment in the workplace. It now includes the following acts:
* an act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
* a conduct of sexual nature and other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient;
* a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient
It is no longer necessary for the aggressor to be superior in rank. Now, anyone can be an offender.
The law punishes catcalling and stalking. Catcalling refers to unwanted remarks directed a person. It is done through wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs. Stalking pertains to conduct directed at a person involving the repeated visual or physical proximity, non-consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress.
The law also punishes “gender-based streets and public spaces sexual harassment”. It covers acts performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.
During the webinar, Atty. Eljay emphasized the role of the local government in taking initiatives to implement the law. Local government units (LGUs) have the primary responsibility in enforcing the provisions on gender-based streets and public spaces sexual harassment.
The Department of Interior and Local Government (DILG) has the full responsibility to ensure that LGUs are implementing the provisions of the law, from disseminating information about the law to conducting surveys and studies, and providing capacity-building and training activities to implement the law.
The law is created to protect us against impunity. It is created to end the gaps on equality, security, and safety both in private and public spaces.
Just a piece of advice: Be cautious in all your actions./PN
