Senate Bill No. 2814
Anti-Ethnic or Racial Profiling and Discrimination Act of 2011
AN ACT PROHIBITING PROFILING AS WELL AS DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC OR RACIAL ORIGIN AND/OR RELIGIOUS AFFILIATION OR BELIEF
Senate No. 2814
Prepared by the Committees on Cultural Communities and Social Justice, Welfare, and Rural
Development with Senators Tril1al1es IV, Villar, Legarda and Pangilinan as authors
AN ACT PROHIBITING ETHNIC, RACIAL OR RELIGIOUS PROFILING AS WELL AS DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC OR RACIAL ORIGIN AND/OR RELIGIOUS AFFILIATION OR BELIEF
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
SECTION 1. Short Title. – This act shall be known as the”Anti-Ethnic or Racial Profiling and Discrimination Act of 2011″.
SEC. 2. Declaration of Policy. – It is hereby declared as the policy of the State to:
a) Maintain peace and order, protect life, liberty and property, and promote the general welfare for the enjoyment by all people the blessings of democracy;
b) Promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life for all regardless of race, ethnicity, religion or colour;
c) Recognize and promote the rights of indigenous cultural communities within the framework of national unity and development;
d) Give the highest priority to the enactment of measures that protect and enhance the right of all people to human dignity; reduce social, economic, and political inequalities; and remove cultural inequities by equitably diffusing wealth and political power for the common good; and
e) Value the dignity of every human person and to guarantee full respect for human rights.
SEC. 3. Definition of Terms. – (1) “Accommodation” as mentioned herein, includes a house, apartment, condominium, town-house, flat, motel, boarding house, hotel and dormitory. (2) “Discrimination” shall mean any distinction, exclusion, restriction or preference made on the basis of ethnic or racial origin or religious affiliation or beliefs, which has an effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by a person, group of persons or institutions of their human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field, especially including, but not limited to, employment, livelihood, housing, education and basic services.
(3) “Education” refers to all types and levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given.
“Employment” pertains to the existence of an employer-employee relationship, which is determined by the four-fold test: 1) selection of the employee; 2) payment of wages; 3) power of dismissal; and 4) power of control. This definition shall apply to regular, probational, contractual, seasonal, and project-based workers. In legitimate contracting or sub-contracting arrangements, the contractor/ subcontractor shall be deemed the employ,er of the contractual employee.
(5) “Ethnic Origin” includes race, national origin, and ethnolinguistics origin.
(6) “Indigenous Peoples” shall, as provided under Section 3 (h) of Chapter II of RA No. 8371 or the “Indigenous People’s Rights Act (IPRA) of 1997”, refers to a group of people or homogeneous societies identified by self-ascription by others, who have continuously lived as an organized community on communally-bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains;
(7) “Racial Profiling” means the practice of relying to any degree, on race, ethnicity, and religious affiliations, in selecting individuals to subject to routine or spontaneous investigatory activities.
(8) “Religious Belief” includes the freedom of thought, conscience, and religion; including the freedom to change one’s religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
(9) “Goods and Services” as applied herein includes but shall not be limited to establishments supplying physical goods and services such as restaurants, resorts, hotels, clubs, and shopping malls as well as those providing cleaning, repair, maintenance, construction, financial, health, transportation and public utility services.
SEC. 4. Acts of Discrimination. – Discrimination is committed when a person treats another less favourably on the basis of ethnic or racial origin and/or religious affiliation or belief than the person treats or would treat another without that attribute, or will a different attribute, on the same or similar circumstances in employment, education, accommodation and delivery of services, to wit:
(a) Discrimination in Employment – It shall be unlawful for an employer to discriminate against a person on the ground of ethnicity, race or religious affiliation or belief:
1. In the arrangements made by the employer in determining who should be offered employment;
2. In determining who should be hired for employment; or
3. In the terms and conditions in which the employer offers employment. Likewise, it shall be unlawful for an employer to discriminate against an employee on the ground of ethnicity, race 01′ religious affiliation or belief:
1. In the terms or conditions of employment which the employer affords the employee;
2. By denying the employee access or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or
3. By dismissing the employee or subjecting the employee to any other detriment.
(b) Discrimination in Education – It shall be unlawful for an educational institution, both public and private, along with their officers and employees, to discriminate against a person on the ground of ethnicity, race or religious affiliation or belief:
1. By unduly delaying, refusing or failing to accept a person’s application for admission as a student; or
2. By providing onerous or unjust terms and conditions for admission of a person as a student.
3. By subjecting the person to any other detriment on the basis of ethnic background and! or religious affiliation or belief.
It is likewise unlawful for an educational institution, both public and private, along with their officers and employees, to discriminate against a student on the ground of ethnicity, race or religious affiliation or belief:
1. By denying the student access, or limiting the student’s access, to any benefit provided by the educational authority;
2. By expelling the student or subjecting the student to any other detriment.
(c) Discrimination in the Delivery of Goods and Services – It shall be unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of ethnicity, race, religious affiliation or belief:
1. By refusing to provide goods and services to another;
2. By imposing onerous terms on which goods or services are provided; or
3. By subjecting another to any detriment in connection with the provision of goods or services.
(d) Discrimination in Accommodation – It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of ethnicity, race or religious affiliation or belief:
1. By refusing the person’s application for accommodation;
2. In the terms and conditions imposed on the other person’s accommodation;
3. By deferring the person’s application for accommodation or according the person a lower order of preference in any list of applicants for accommodation;
4. By denying access or limiting access to any benefit associated with the accommodation occupied by the person;
5. By evicting the person or subjecting the person to any other detriment.
(e) To subject a person to unnecessary, unjustified, illegal, and degrading search because of his ethnicity, race or religious affiliation of belief;
(f) To disallow a person or group of persons from entering any establishment such as restaurants, hotels, shopping malls, and other places of similar nature or to subject one to discrimination or harassment in buses, taxis, ships, airplanes, because he happens to don an attire based on his ethnicity, race, religious affiliation or belief;
(g) To employ religious characterization such as words of religious import in print and broadcast media when geographic, political, socio-economic or other distinction might be more accurate; and
(h) Any analogous act which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise of the person’s human rights and fundamental freedoms in the political, economic, social, cultural, and civil spheres on the basis of ethnic or racial background and! or religious affiliation or beliefs.
SEC. 5. Persons liable. – Any person, natural or juridical, including the government, government-owned and controlled corporations or any private corporation, institution or company, who commits discrimination or profiling against any person on account of ethnic or racial origin and! or religious affiliation or belief, as provided for above, shall be liable under this Act.
Any person, who requests, instructs, induces, encourages, authorizes, or assists another to commit acts of discrimination or profiling against any person on account of ethnic or racial origin and/or religious affiliation or belief shall also be principally liable under this act.
SEC. 7. Equal 0pportunity. – It shall be the duty of every person, natural or juridical, public or private, to ensure that there is equal opportunity for all persons in relation to actual or prospective employees, students, tenants, customers, clients, and that no discriminatory acts, as defined herein, is committed by them or their agents in the areas of employment, housing, education and delivery of basic goods and services.
For this purpose, every agency, corporation, company and education institution, as well as any other person providing employment, housing, education and delivery of basic goods and services, shall issue an equal opportunity policy, including the creation of an Equal Opportunity Committee, as provided in the following section.
Failure to do so shall be deemed refusal to address discrimination, and shall be penalized as an analogous act of discrimination.
SEC. 8. Equal Opportunity Committees. – In order to ensure the compliance of this Act, agencies, corporations, companies and educational institutions, whether private or public, shall create an Equal Opportunity Committee which shall have administrative jurisdiction over cases involving discrimination under this Act.
Administrative sanctions shall not be a bar to any prosecution in the proper courts for any act of discrimination committed under this Act or to any civil claims for damages by said act.
SEC. 9. Penal Clause. – Any person liable under this Act shall be penalized with imprisonment for a period of not less than thirty (30) days to not more than one (1) year and/or a fine of not less than ten thousand pesos (P10,000) nor more than one hundred thousand pesos (P100,000), taking into consideration the circumstances and gravity of the offence. This liability is without prejudice to any applicable criminal action that may be instituted under the Indigenous Peoples Rights Act (RA 16 8371) or the Revised Penal Code (Act No. 3815); any administrative action or disciplinary measures under Civil Service rules or any civil action for damages under the Civil Code.
SEC. 10. Duty of the Commission 011 Human Rights (CRR). – It shall be the duty of the Commission on Human Rights (CHR), in coordination with the National Commission on Indigenous Peoples and the National Commission on Muslim Filipinos to prevent or deter the commission of acts of discrimination and to provide the procedures for the resolution, settlement or prosecution of acts of discrimination.
Towards this end, the CHR shall:
(a) Promulgate appropriate rules and regulations prescribing the composition and details of the Equal Opportunity Committee as well as the procedure for the investigation of discrimination cases against citizens falling under their jurisdiction and the administrative sanctions therefore;
(b) Ensure the creation of committees on equal opportunity in different agencies, corporations, companies, and educational institutions, whether private or public; and
(c) Require and supervise the agencies, corporations, companies and educational institutions, whether private or public, in the implementation of this Act.
SEC. 11. Separability Clause. – If any portion of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
SEC. 12. Repealing Clause. – Any provision of law or regulation inconsistent herewith is hereby repealed, revoked or modified accordingly.
SEC. 13. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.