www.edgedavao.net
P 15.00 • 24 PAGES
EDGEDAVAO
VOL. 6 ISSUE 91 • SUNDAY - MONDAY, JULY 21-22, 2013
Serving a seamless society
Anti-Discrimination Ordinance
By ANTONIO M. AJERO
C
ama@edgedavao.net
ERTAIN property developers refuse to sell condominium units or subdivision lots to buyers simply because they are Muslims. Years back, the San Pedro Hospital rejected a nurse applying for a job because her religion is Islam. It was ironic because she was a graduate of the nursing school of San Pedro College, the hospital’s sister institution
Gaisano Mall rejected the assignment of a cinema checker because she was a deaf-mute. This, despite the fact that she was a city government-paid worker tasked by the City Treasurer’s Office to check whether the mall management was reporting the correct number of moviegoers patronizing the mall’s cinemas. Cases of injustice such as those cited above will soon be things of the past when the Anti-Discrimination Ordinance (ADO) of Davao City goes into full effect. The persona behind the city ordinance, which is another first in the country’s history, is Rodrigo R. Duterte when he was still the city’s vice mayor last year. He conceptualized
the measure which was crafted into an ordinance by the erudite Councilor Melchor V. Quitain. Just what is the ADO or Anti-Discrimination Ordinance of Davao City? What forms of discrimination does the ordinance abhor and deems them punishable? ADO is officially Ordinance No. 0417-12, Series of 2012, otherwise known as “An Ordinance Declaring Unlawful, Acts and Conduct of Discrimination Based on Sex, Gender, Identity, Sexual Orientation, Race, Color, Descent, National or Ethnic Origin and Religious Affiliation or Beliefs and Penalizing the Same.” The landmark legislation derives bases and authority fromthe provisions of the 1987 Philippine Constitution, particularly Sections 10, 11 and 22 of Article II, Section 1 of Article III and Section 3 of Article XIII which mandate the state to promote social justice in all phases of national development; value the dignity of every human person and guarantee full respect for human rights; promote the rights of indigenous cultural communities within the framework of national unity and development; and afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and full equality of employment opportunities for all. The ordinance reiterates the Philippine Constitution’s guarantee that “no person shall be deprived of life, liberty and property without due process of law, nor shall any person be denied the equal protection of the laws.” It also derives inspiration from other documents on the generally accepted principles of international law “such as those. but not limited to, the 1981 Declaration of the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief, the 1993 UN General Assembly Resolution on Elimination of All Forms of Religious Intolerance and the International Convention on the Elimination of All Forms of Racial Discrimination.” DISCRIMINATION DEFINED The ADO defines “discrimination” as “any act, or conduct which withholds, excludes, restricts, curtails, demeans human dignity, or otherwise impairs the recognition, enjoyment and exercise of human rights and basic freedoms in the economic, labor, social, cultural, educational or any other field of public life based on
sex, gender identity, sexual orientation, race, color, descent, national or ethnic origin, religious affiliation or beliefs.” The ordinance enumerates seven ways how discrimination may be committed against people applying for jobs, buying products and services, seeking enrolment in school, entry to restaurants, bars, entertainment spots and other establishments generally open to the public, among other privileges. PENALTIES Any person, natural or juridical, found liable of committing any act of discrimination will be admonished and fined P1,000 in the first conviction; meted a fine of P2,000 or animprisonment of not more than 10 days, at the discretion of the court, during second conviction; and a fine of P5,000 and imprisonment of 15 days on the third conviction. MEDIATION AND CONCILIATION Cases on violations of the ordinance will still pass a mediation and conciliation board composed of the city mayor or his duly-authorized representatives, and 13 other persons who are heads or representatives of government and private
FANTI-DISCRIMINATION ,10