CHR flags shaming of LGBTQ+ in Maguindanao Sur town
DAVAO CITY—The Commission on Human Rights (CHR) has expressed “grave concern” over alleged harassment of lesbians and gays in the town of Pagalungan in Maguindanao del Sur, supposedly upon instruction of the top municipal official.
The CHR, citing a report by a local radio station, said the harassment happened on Nov. 11 in Pagalungan’s Barangay Layog where village officials “allegedly acting on instructions from the (municipal) mayor visited homes of persons perceived to be lesbian or gay.”
“They (lesbians and gays) 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 noted in its Nov. 27 statement.
The roundup of same-sex couples was supposedly in line with the locality’s “Operation Supak” that allegedly targeted members of the LGBTQIA community, allegedly upon the instruction of the town mayor.
The Inquirer reached out to Mayor Datu Abdilah G. Mamasabulod of the Muslim-dominated town (population: 46, 277 based on 2020 census) through his social media page but has not received a reply.
The group Asean SOGIE (Sexual Orientation, Gender Identity, and Gender Expression) Caucus or ASC, which include various LGBTQIA organizations and allies, earlier expressed indignation over the local campaign.
Citing accounts from the community, ASC said the campaign mobilized “barangay officials, barangay tanods, and members of the religious sector (in) forcibly enter(ing) private homes of individuals suspected of being LGBTQIA+ or living with same-sex partners.”
“At least two women and several LGBTQIA+ persons were taken from their residences without a warrant, transported to the barangay hall, and subjected to interrogation, moral lectures, and public shaming,” ASC decried.
ASC said that the officials overseeing the operation claimed that same-sex cohabitation is “prohibited” under religious teachings, and cited an alleged directive from the municipal mayor “to enforce separation of same-sex partners” in a manner akin to “a coordinated moral policing operation.”
No legal basis
“Individuals were told to end their relationships, warned against ‘immoral behavior’ and forcibly separated from their partners—an act that has no legal basis under Philippine law,” ASC pointed out.
“CHR underscores that actions of this nature violate the dignity and rights of LGBTQIA persons. The alleged acts unlawfully target individuals based on perceived sexual orientation. They subject members of the LGBTQIA community to harassment and discrimination, violation of their rights to privacy, and security of persons,” the agency explained.
“There is no Philippine law that prohibits women from living with women, or men from living with men,” it added.
CHR pointed out that the Safe Spaces Act or Republic Act (RA) No. 11313 penalizes gender-based sexual harassment, including homophobic and transphobic behavior, and that the Magna Carta of Women (RA 9710) prohibits discrimination against women, including those on the basis of their sexual orientation.
Saying the Philippines “is a secular state,” CHR set aside religion as a justification for the alleged harassment. “While the freedom of religion is paramount, and while the Supreme Court has upheld benevolent neutrality and accommodation in the exercise of individual’s religion, these cannot justify actions of government officials, using government resources and facilities to target individuals because of their perceived sexual orientation,” it emphasized.
“Public officials are governed by the rule of law and are expected to uphold constitutional and international human rights obligations in all circumstances,” CHR added.
