Senate passes bill penalizing racial discrimination

MANILA, Philippines - The Senate passed on third reading last Monday a bill that would prohibit and penalize racial discrimination in the workplace, educational institutions, and services. 

Senate Bill 2814 also known as the Anti-Discrimination Act of 2011, according to its sponsor Sen. Loren Legarda, would provide a lasting and effective solution to discrimination in the country.

Legarda said that based on the 20th Periodic report submitted by the government to the Convention on the Elimination of all forms of Racial Discrimination (CERD) in 2008, the Philippines does not formally recognize the existence of racial discrimination in the country.

She quoted the country’s official stand in the report as saying “racial discrimination is alien to the prevailing mores and culture of the Filipino People” and that “racial discrimination has never officially or factually existed in the Philippines, neither in a systemic nor formal nor intermittent nor isolated manner” because “Filipinos have essentially the same racial and ethnic origins.”

Legarda said the government has to formally recognize the existence of racial discrimination in the country.

“Before we eliminate it, its existence has to be acknowledged. Sadly, the government’s stand on the non-existence of racial or ethnic discrimination clearly underscores the reality in society,” she said. 

The bill stipulates penalties on acts of racial discrimination in employment, education, delivery of goods, facilities and services, accommodation, transportation, media, and in search and investigatory activities.

Persons who “request, induce, encourage and authorize or assist others to commit acts of discrimination or profiling” would also be held liable. 

A penalty of imprisonment of nine months to 12 years and/or a fine of P100,000 to P500,000 would be imposed on persons found guilty of committing acts of racial discrimination.

The procedures for the resolution, settlement, or prosecution of racial discrimination acts would be drawn up by the Commission on Human Rights, Department of Labor and Employment, Department of Education, Department of Health, National Commission on Indigenous Peoples, National Commission on Muslim Filipinos, Civil Service Commission, and Department of Trade and Industry. 

Equal Opportunity Committees would also be established in public and private agencies, corporations and educational institutions to ensure compliance with the law. 

“Through this proposed measure, we should be able to avoid unnecessary prejudice and other forms of intolerance and give equal opportunity to each individual to achieve his full potential as a person and as a Filipino citizen,” Legarda said. 

The counterpart bill at the House of Representatives, House Bill 4807, has also been passed on third reading. Legarda hopes the two versions would be harmonized and enacted into law before Christmas.