Executive Order No. 51

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ EXECUTIVE ORDER NO. 51, December 22, 2023 ]

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

WHEREAS, under Section 11, Article II of the Constitution, it is the policy of the State to value the dignity of every human person and guarantee full respect for human rights;

WHEREAS, Executive Order (EO) No. 100 (s. 2019) institutionalized the Diversity and Inclusion Program (DIP) as a program of the National Government aimed at consolidating efforts and implementing existing laws, rules and issuances 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, and established the Inter-Agency Committee on Diversity and Inclusion ("Inter-Agency Committee") for the purpose;

WHEREAS, there is a need to reinforce the DIP and reconstitute the Inter-Agency Committee to ensure the country's continuous compliance with its obligations under the International Covenant on Civil and Political Rights, which mandates States Parties to respect and ensure to all individuals within its territory the rights recognized therein, without distinction of any kind, and the International Covenant on Economic, Social and Cultural Rights, which requires States Parties to guarantee that rights therein will be exercised without discrimination of any kind as to sex, natural or social origin, and birth, among others;

WHEREAS, the creation of a Special Committee on LGBTQIA+ Affairs under the Inter-Agency Committee aims to strengthen 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; and

WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus, and offices, and the mandate to ensure the faithful execution of laws;

NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

Section 1. Diversity and Inclusion Committee. The Inter-Agency Committee on Diversity and Inclusion is hereby reconstituted as the Diversity and Inclusion Committee ("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 the 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 under Section 4 hereof.

The Committee shall continue to perform its functions under its existing mandates, as prescribed under EO No. 100. As may be necessary, the Committee is hereby authorized to create, convene and reorganize sub-committees, and/or working groups to assist in the performance of its functions, subject to existing laws, rules and regulations.

The ex-offici° Chairperson, Co-Chairpersons, Vice-Chairperson, and Secretaries who are members of the Committee may designate their respective alternates, with ranks not lower than an Undersecretary or its equivalent, while all other members may designate their respective alternates, with ranks not lower than an Assistant Secretary or its equivalent. All alternates shall be fully authorized to decide for or on behalf of their respective principals.

The Committee shall regularly convene at least once every quarter or as often as may be deemed necessary by its Chairperson.

Section 2. Secretariat. The Office of the Diversity and Inclusion Committee Secretariat ("Secretariat") is hereby established in the DSWD. The Secretariat shall provide administrative and technical support to the Committee in the performance of its functions.

For this purpose, the DSWD shall: (a) determine the appropriate staffing pattern and corresponding qualification standards for all positions necessary for the administration and operations of the Secretariat; and (b) submit to the DBM, for review and approval, the proposed organizational structure and staffing pattern of the Secretariat, pursuant to this Order and subject to compliance with relevant laws, rules and regulations.

Pending approval of the proposed organizational structure and staffing pattern of the Secretariat, the member-agencies of the Committee are hereby directed to detail their personnel as staff complement to the Secretariat to ensure the immediate implementation of this Order, subject to relevant civil service laws, rules and regulations.

Section 3. 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.

The Committee shall submit to the Office of the President, through the Office of the Executive Secretary, the DIP within six (6) month from the effectivity of this Order.

Section 4. Special Committee on LGBTQIA+ Affairs. A Special Committee on LGBTQIA+ Affairs ("Special Committee") is hereby created under the Committee. The 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 reputable organizations representing the LGBTQIA+ community. A representative from the DMW, DOLE, and DepEd, with a rank not lower than an Assistant Secretary or its equivalent, shall also serve as members of the Special Committee in ex offici° capacity.

The Special Committee shall regularly convene at least once every quarter or as often as may be deemed necessary by its Chairperson.1aшphi1

The Secretariat under Section 2 hereof shall likewise provide administrative and technical support to the Special Committee in the performance of its functions.

Section 5. Functions of the Special Committee. The Special Committee shall have the following powers and functions:

a. Ensure that policies, plans and programs that effectively promote equality, equity, non-discrimination, inclusion, and well-being of the LGBTQIA+ community in both the national and local govenrment levels are incorporated in the DIP;

b. 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;

c. Coordinate with concerned govenrment agencies to ensure availability of sufficient and reliable data on the status, challenges and opportunities of the LGBTQIA+ community for the purpose of evidence-based policy-making;

d. Develop a consultative mechanism allowing continuing dialogue between the government and the LGBTQIA+ community on the proper planning, implementation, and evaluation of govenrment programs and projects affecting the LGBTQIA+ community;

e. Upon the approval of the Committee, facilitate programs and campaigns for the promotion and protection of the rights of the LGBTQIA+ community in coordination with relevant govenrment agencies;

f. Take the lead in carrying out programs, activities and projects related to the LGBTQIA+ community that are identified in the DIP, and advocate for the protection of the rights and welfare of the LGBTQIA+ community, including matters related to healthcare, education, employment, legal recognition and social acceptance; and

g. Perform such other tasks as may be directed by the Committee, President and/or the Executive Secretary.

Section 6. Whole-of-Government Approach. In accordance with their respective mandates, all concerned agencies and instrumentalities of the National Government, including government-owned or -controlled corporations, are hereby directed, and all local 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.

Section 7. Funding. The initial funding requirements necessary for the implementation of the Order shall be charged against the respective appropriations of the concerned agencies and such other funding sources as may be identified by the implementation of this Order shall be included in the budget proposals of said agencies, subject to the usual budget preparation process.

Section 8. Implementing Guidelines. Within sixty (60) days from the effectivity of this Order, the Committee shall formulate and issue guidelines for the effective implementation of this Order, including the updating of the DIP, constitution of the Special Committee, and creation of the Secretariat, as may be necessary.

Section 9. Separability. If any section or part of this Order is declared unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.

Section 10. Repeal. EO No. 100 is hereby amended. All issuances, orders, rules and regulations, or parts thereof that are inconsistent with this Order, are hereby repealed or modified accordingly.

Section 11. Effectivity. This Order shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation.

DONE, in the City of Manila, this 22nd day of December, in the year of our Lord, Two Thousand and Twenty-Three.

(SGD.) FERDINAND R. MARCOS, JR.

By the President:

(SGD.) LUCAS P. BERSAMIN
Executive Secretary

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