PHILIPPINES – Supreme Court decision on Ang Ladlad LGBT Party lauded
16 April 2010 1:10 am

(Bangkok, 12 April 2010) The Asian Forum for Human Rights and Development (FORUM-ASIA) welcomes the recent decision of the Supreme Court of the Philippines, which overturned the resolution of the Commission on Elections (COMELEC) denying Ang Ladlad LGBT Party to register as a sectoral party under the party-list representation during the May 2010 elections in the Philippines. This decision is significant since this is the first time in the Philippines that an LGBT group is recognized as a legitimate political party in the Philippines.
(Bangkok, 12 April 2010) The Asian Forum for Human Rights and Development (FORUM-ASIA) welcomes the recent decision of the Supreme Court of the Philippines, which overturned the resolution of the Commission on Elections (COMELEC) denying Ang Ladlad LGBT Party to register as a sectoral party under the party-list representation during the May 2010 elections in the Philippines. This decision is significant since this is the first time in the Philippines that an LGBT group is recognized as a legitimate political party in the Philippines.  

Last November 2009, the COMELEC denied the application of Ang Ladlad to register as a "sectoral' party under the party-list system of representation for 2010 general elections, despite the fact that Ang Ladlad had complied with all legal requirements. The COMELEC based its denial on the claim that that Ang Ladlad tolerates immorality and offends religious values.

On 8 April 2010, the Philippines Supreme Court overturned the COMELEC's decision based on the ground that there is no law in Philippines criminalizing homosexuality and that Ang Ladlad had complied with all legal requirements. The court also said that the COMELEC's denial of Ang Ladlad's petition purely on moral grounds amount more to a statement of dislike and disapproval of homosexuals , rather than to further any substantial public interest.  

FORUM-ASIA notes that this recent decision of the Supreme Court demonstrated the Court's recognition of certain developments in international human rights law. In its decision, the Court acknowledged that the principle of non-discrimination, as laid out in Article 26 of the International Covenant on Civil and Political Rights (ICCPR), includes non-discrimination on the basis of sexual orientation.  

FORUM-ASIA believes that the Supreme Court decision on Ang Ladlad's case may be a stepping stone towards the improvement of human rights in Philippines, and the further promotion and protection of the rights of human rights defenders and women human rights defenders. It is hoped that the Philippines will continue to move on towards this direction as the rest of the country gears up to vote for a new set of leaders in the coming elections.