MANILA, Philippines – The Commission on Elections (Comelec) has declared candidates’ discrimination against women, persons with disabilities (PWDs), and people living with human immunodeficiency virus (HIV) as an election offense.
Comelec Resolution No. 11116, promulgated on Wednesday, February 19, details the anti-discrimination and fair campaigning guidelines for the upcoming May 12 elections.
“During the election period, any person who, directly or indirectly, commits acts of bullying on the basis of HIV status, coercion, discrimination against women, discrimination against PWDs on the use of public accommodations, gender-based harassment, labeling, public ridicule against PWDs, vilification of PWDs, violation of an anti-discrimination ordinance, and/or violation of rights to religious, cultural sites and ceremonies…. shall be liable for an election offense,” the resolution reads.
The resolution applies to national and local candidates of the 2025 elections. The election period is ongoing, from January 12 to June 11.
All forms of bullying against people living with HIV are not allowed, such as name-calling or bullying on social media, for any election-related activity, including but not limited to campaign activities.
The resolution also emphasizes the prohibition against gender-based harassment and discrimination. Discrimination against women includes any act that “directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.”
Meanwhile, these are examples of gender-based harassment:
- Physical, psychological, and emotional threads, unwanted sexual, misogynistic, transphobic, homophobic, and sexist remarks, whether in public or private communication
- Stalking and incessant messaging
- Uploading and sharing any form of media, without that person’s consent, that contains photos, voice, or video with sexual consent
- Unauthorized or unlawful recording and sharing of a person’s photos, videos, or information online
- Impersonating identities online, or publishing or posting lies about candidates and immediate family members to harm their reputation
- Cat-calling, wolf-whistling, unwanted invitations
- Persistent uninvited comments or gestures on a person’s appearance, gender orientation, and gender identity
- Relentless requests for personal details
- Sexual comments and suggestions
- Lewd sexual actions
- Persistent telling of sexual jokes and using sexual names
- Unwanted acts or advances that threaten one’s personal space, like cursing, leering, intrusing gazing, and taunting
It is also prohibited to mock or vilify persons with disabilities, nor deny them use of public accommodations.
To better enforce the resolution, the Comelec is also expected to forge partnerships with cause-oriented groups and organizations to implement projects and educate voters, candidates, and political parties about diversity, equity, inclusion, and gender sensitivity during the elections.
According to the Omnibus Election Code, any person found guilty of an election offense may face imprisonment of up to six years, and could be barred from holding public office. Comelec Chairman George Garcia also said that violators of the resolution may face disqualification.
Various local governments also have their own anti-discrimination ordinances, which carry their own penalties.
The resolution will take effect on the seventh day after publication in two daily newspapers. It was approved for publication on Wednesday.
‘Correcting the wrongs’
“Naniniwala tayo na hindi po dahilan ang kampanya upang bastusin ang ilang grupo, ang ilang sektor, lalo na ang miyembro ng vulnerable sector. Kahit pa nga anong paniniwala, ay naniniwala tayo na tama lang na gawin ito,” Garcia told reporters of the resolution.
(We believe that the campaign should not be used to disrespect groups and sectors, especially members of vulnerable sectors. No matter what your beliefs are, we believe that this is the right thing to do.)
Without specifying certain names or campaigns, Garcia said he was “saddened” at previous campaigns where “foul” words were used, which he believed were violations of other laws that prohibit gender-based discrimination, like the Safe Spaces Act.
Asked if red-tagging was also included as an offense, Garcia responded in the affirmative. The resolution includes a definition for “labeling,” which refers to the act of categorizing, classifying, branding, associating, naming, and accusing individuals or groups as “local dissenters,” subversive group sympathizers or terrorists, or belonging to a criminal group or syndicate without evidence.
“We would like to express our deepest regret to those who will condemn us for including these provisions that the Comelec should rightly include, because this is for correcting wrongs that have happened in the past. We are not condemning the action of other agencies of government — we are condemning the act per se because that is wrong, because that is illegal,” Garcia said in a mix of English and Filipino.
Garcia did not name it, but a government agency notorious for red-tagging, or the act of accusing individuals and groups of being communists, is the National Task Force to End Local Communist Armed Conflict.
The Supreme Court in May 2024 defined red-tagging as an act that threatens individuals.
The anti-discrimination resolution is the first with the signatures of new commissioners Norina Tangaro-Casingal and Noli Pipo, who were appointed on February 10.
Read the full resolution here:
– Rappler.com