Amidst the euphoria of the 30^th Association of Southeast Asian Nations (ASEAN) Summit in Manila, ASEAN SOGIE Caucus reiterates its call to various governments to uphold their human rights obligations to promote and protect the rights of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) people.

Even as ASEAN turns 50, the lives of people of diverse sexual orientation, gender identity, and gender expression (SOGIE) in Southeast Asia continue to be put at risk. These risks include the perpetuation of culturally-sanctioned stigma, discriminatory laws and policies, and acts of violence in all levels of social, political, and cultural life. And in many cases, the lives of LGBTIQ people have been cut short by hate-motivated murders that are either ignored or misreported as regular crimes.

Statement of Civil Society, Trade Unions, Migrants, and Parliamentarians in Southeast Asia To the 22^nd Senior Officials Meeting of the ASCC and the 17^th ASEAN Socio-Cultural Community (ASCC) Council Meeting

On 6-9 March 2017, ASEAN Senior Officials and Ministers will tackle socio-cultural and environmental concerns in the region at the 22^nd Senior Officials Meeting of the ASCC and at the 17^th ASEAN Socio-Cultural Community (ASCC) Council Meeting. The latter will discuss preparations for and the declarations or statements for adoption by the Heads of States at the ASEAN Summit, with the theme “Partnering for Change, Engaging the World,” in April.

ASEAN SOGIE Caucus (ASC) expresses concern on the request made by the Permanent Mission of the Republic of Philippines to the United Nation that seeks for deferral of the Country’s Universal Periodic Review (UPR). The decision made by the Philippine Government is inconsistent with the country’s commitment, as a founding member of the Human Rights Council, to uphold and respect the rules of the UPR as well as to the Council in general.

ASEAN SOGIE Caucus condemns the disbandment of the cultural event organized by Forum Kerukunan Waria/Bissu at Soppeng municipality, South Sulawesi province on January 19th, 2017 conducted by the municipal police of Soppeng and regional police of South Sulawesi.

The event is an annual program of the Waria/Bissu community. It is supposed to be attended by 600 waria/bissu from the entire province. The event, which was scheduled from January 19 to 22, 2017 aims to preserve and show respect toward Waria/Bissu as an inseparable part of South Sulawesi Culture. In the Bugis traditional culture, Bissu has an important role as a bridge between God and human as well as the advisor of kingdom. Through this event, the community aimed to create togetherness, incite creativity and establish good relationship between the society and Waria/Bissu community.

This year, 2017, marks a historic and remarkable year for the Association of Southeast Asian Nations (ASEAN) , as the association celebrates its 50th anniversary of its establishment. With Philippines having the honour as the chairperson in this remarkable year the chairpersonship is scheduled to kick off on January 15th in Davao. During Philippine President Rodrigo Duterte’s speech in Laos, while accepting the chairmanship from Lao’s government as the previous chairperson in 2016, he mentioned that theme of ASEAN 2017 being “Partnering for Change, Engaging the World”. Some of the key priorities of ASEAN 2017’s are people-oriented and people-centered initiatives, peace and stability, maritime security and cooperation, inclusive and innovative-led growth, ASEAN resiliency and ASEAN as model of regionalism.

On Monday, December 19^th, a group of states attempted to halt the mandate of the Independent Expert on the “protection against violence and discrimination based on sexual orientation and gender identity (SOGI). The position of Independent Expert in SOGI was created by the passing of UN Human Rights Council resolution A/HRC/RES/32/2 in June of this year and is held by Vitit Muntarbhorn, a Thai human rights expert. The Independent Expert began his work in November. The first attempt to block this resolution was during the UNGA third committee meeting in November. The mandate of IE on SOGIE was safeguarded with 84 countries voting in favour, 77 against and 17 abstentions. The vote on Monday will be the second hostile attempt to defer the mandate by introducing the amendment A/71/45.

LGBTI activists from Asia and the Pacific welcome the decision of the Third Committee of the UN General Assembly (UNGA) on the protection of the human rights of LGBTI people around the world, while reaffirming the legitimate mandates of the Human Rights Council. On 21 November, the UNGA rejected a move that aims to weaken the legitimately established Independent Expert on Sexual Orientation and Gender Identity (IESOGI). Resolution A/C.3/71/L.46 (2016) proposed to postpone the IESOGI mandate pending UN investigation into the lawfulness of the Expert. This would have effectively caused serious repercussions on the IESOGI to perform his role in protecting the rights of LGBTI persons and halted all efforts of the Expert indefinitely.

On June 30^th 2016 the United Nation Human Rights Council for the first time adopted the HRC resolution 32/2 on protection against violence and discrimination based on sexual orientation and gender identity, a remarkable milestone for LGBTIQ persons and communities around the world. The resolution was sponsored by Latin American states including Argentina, Brazil, Chile, Colombia, Mexico and Uruguay. With 23 votes in favor, 18 against and 6 abstentions, the resolution also sought to appoint the first Independent Expert (IE) on Sexual Orientation and Gender Identity (SOGI) to address the violence and discrimination based on SOGI. During the 33rd session of the Human Rights Council in September 2016, Prof. Vitit Muntarbhorn professor of law at the Chulalongkorn University in Bangkok, Thailand was appointed as the first IE on SOGIE, and should have commenced his work on 1 November 2016.

On June 30^th 2016, The Human Rights Council of the United Nations join in solidarity with millions of people around the world to reaffirm its commitment to eradicate violence and discrimination toward LGBTI people by voting on the adoption of UN Resolution to establish Independent Expert on Sexual Orientation and Gender Identity (SOGI). The resolution is introduced by the core group of seven Latin American countries: Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay. Among the human rights council members, 23 states vote in favour, 18 against and 6 abstain on the resolution. Prior to the voting, civil society organizations around the world has stated its support, by conducting a joint campaign participated by 628 organizations from 151 countries, to the Council to adopt the resolution. The Independent Expert will have strategic roles in raising awareness of violence and discrimination based on sexual orientation and gender identity, assessing implementation of existing human rights law, identifying gap and best practices, engaging in dialogue and consultation with States and other stakeholders, and facilitating provision of advisory services, technical assistance, capacity building and cooperation to help address violence and discrimination on these grounds. This is a historical moment that will enlighten the struggle to abolish discrimination and violence against LGBTI around the world. 

Among the council members from Asia, only South Korea, Vietnam and Mongolia have voted yes. Philippines that previously vote for yes in the UN Resolution 2014 have changed their stance and vote to abstain in the resolution. Indonesia, together with the OIC countries, remains against the resolution and have voted no. Reflecting on this situation, the ASEAN SOGIE Caucus would like to convey our messages:

1. To the Government of Philippines: We criticize the decision of the Philippines to vote abstain in the current resolution. It is such a disappointment for the country that has been actively fight for LGBT issues and have voted yes during the UN Resolution 2014 to raise awareness on violence and discrimination against LGBT people. We see it as a form of backwardness and unpreparedness of the country to fully defend the LGBT people.
2. To the Government of Indonesia: We criticize the decision of Indonesia to vote no in the current resolution based on the respect to social norms, culture, religious and morality. The state, in unison with other OIC countries, have stated as well that it will not cooperate with the mandate holder of Independent Expert in SOGI should it be established. We see this as the violation of the universality of the human rights concept, where everybody should be born free and equal and shall not be discriminated on whatever basis. Indonesia, within its constitution 1945, has clearly mentioned its mandate to protect human rights. The decision, unfortunately, is a violation against its constitution and therefore we strongly condemn the decision.
3. To the mandate holder of Independent Expert: We are urging the mandate holder to closely engage with LGBT groups especially those at grass-root as they are the most vulnerable groups that needs to be concerned. The mandate holder shall bear its duty in a transparent manner, involve each states on executing its mandate in order to obtain comprehensive knowledge about discourse in each country, as well as to reach out to the most vulnerable ones so that no one will left behind.
4. To the CSO of LGBT and Allies: Through the discussion within the human rights council, we have indicated that there is a dissenting voice about the universality of human rights, SOGI, and LGBT rights not being seen as human rights by several council members. Therefore, it is our duty to keep mainstreaming the issues and change the mind-set of those stakeholders. The establishment of IE in SOGI shall be seen as an open door for us to bring the issues within the global discourse.

We sincerely hope that our voices will be louder and be heard within the global discourses through the adoption of this resolution. We look forward to work hand in hand with the mandate holder of Independent Expert on SOGI.