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Know Your Rights according to the Diversity and Inclusion Program under Executive Order No. 51, December 22, 2023

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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 


AT A GLANCE:

On December 22, 2023, President Ferdinand Marcos Jr. issued Executive Order No. 51 reinforcing the diversity and inclusion program, reconstituting the inter-agency committee on diversity and inclusion, and creating the special committee on Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+) affairs.


There is a need to reinforce the Diversity and Inclusion Program (DIP) and reconstitute the country’s continuous compliance with its obligations under the International Covenant on Civil and Political Rights.


 

The issuance of the Executive Order aims to strengthen the existing mechanisms to address the continued discrimination being experienced by the members of the LGBTQIA+ community, and to provide them an avenue to participate in policy formulation of the government despite the absence of an established body specifically dedicated to promote their rights and address their concerns. 

 

Diversity and Inclusion Committee 

The Inter-Agency Committee in Diversity and Inclusion is hereby reconstituted as the Diversity and Inclusion Committee. The Committee shall be under the Department of Social Welfare and Development (DSWD), and shall be composed of the following:

Chairperson: Secretary, DSWD

Co-Chairpersons: Secretary, Department of Migrant Workers (DMW)

                             Secretary, Department of Labor and Employment (DOLE) 

VIce-Chairperson: Secretary, Department of Interior and Local Government 

Members: Secretary, Department of Education (DepEd);

      Secretary, Department of Justice;

      Secretary, Department of Health;

      Chairperson, Commission on Higher Education; and 

      Chairperson, Special Committee on LGBTQIA+ Affairs

 

Diversity and Inclusion Program

The member-agencies of the Committee are hereby directed to submit to the Committee, through the Secretariat, their respective policy framework on diversity and inclusion, The Committee in consultation with the Commission on Human Rights, Civil Service Commission, and relevant stakeholders, shall then consolidate said policy framework, and develop a DIP, which shall serve as the blueprint of the National Government in implementing programs, activities and projects against discrimination of persons on the basis of age, disability, national or ethnic origin, language, religious and political affiliation or belief, physical features, or sexual orientation and gender identity and expression. 

 

Special Committee on LGBTQIA+ Affairs

This Special Committee shall have a Chairperson with a rank of an Undersecretary, and shall have three (3) members with the rank of Assistant Secretary, who shall all be appointed by the President from among the members of the reputable organizations representing the LGBTQIA+ community.

 

Functions of the Special Committee 

  1. Ensure that policies, plans and programs that effectively promote equality, equity, non-discrimination, inclusion, and well being of the LGBTQIA+ community in both national and local government levels are incorporated in the DIP;
  2. Assist the Committee on all matters concerning the LGBTQIA+ community, including the conduct of review of existing issuances relative to or affecting the LGBTQIA+ community. Upon the endorsement of the Committee, the Special Committee shall recommend to the Office of the President measures to further strengthen existing programs and initiatives geared toward addressing the needs of the LGBTQIA+ community;
  3. Coordinate with concerned government agencies to ensure availability of sufficient and reliable data on the status, challenge and opportunities of the LGBTQIA+ community for the purpose of evidence-based policy-making;
  4. Develop a consultative mechanism allowing continuing dialogue between the government and the LGBTQIA+ community on the proper planning, implementation, and evaluation of government programs and projects affecting the LGBTQIA+ community;
  5. Upon the approval of the Committee, facilitate the programs and campaigns for the promotion and protection of the rights of the LGBTQIA+ community in coordination with the relevant agencies;
  6. Take the lead in carrying out programs, activities, and projects related to the LGBTQIA+ community, including matters related to healthcare, education, employment, legal recognition, and social acceptance, and
  7. Perform such other tasks as may be directed by the Committee, President, and/or Executive Secretary. 

 

Whole-of- Government Approach

All concerned agencies and instrumentalities of the National Government, including government-owned-or-controlled corporations, are hereby directed, and all government units are hereby encouraged, to undertake efforts in support of the implementation of the DIP, and the programs, activities and projects of the Committee and Special Committee. 

 

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.

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