ASEAN SOGIE Caucus is urging the  human rights advocates in Asia to join the call for action to support the UN Human Rights Council Resolution to establish a UN Independent Expert on sexual orientation and gender identity (SOGI). We believe that the task of the expert will bring greater attention on the violation of human rights based on SOGI.

The ASEAN SOGIE Caucus joins the LGBTIQ community as we celebrate this year’s International Day Against Homophobia and Transphobia (IDAHOT) this 17^th of May. In parallel with 2016’s global focus issue, Mental Health and Wellbeing, ASC expresses its full support for the promotion of the overall welfare of LGBTIQ in the Southeast Asian region. With its diverse nations and cultures, LGBTIQ in Southeast Asia have a wide variety of concerns with regard to wellbeing. Aside from pathologization due to widespread homophobia and transphobia, LGBTIQs in the region also face lack of protection from attacks by oppressive religious and political groups, as well as socio-economic barriers that prevent them from living full, well-rounded lives.

The ASC puts forward three main areas wherein LGBTIQ wellbeing can be fully improved upon:

1. Improve the economic wellbeing of LGBTIQs:

We urge the governments in the region to take initiatives to end economic marginalization of LGBTIQs, and implement measures to address poverty and economic disparity caused by discrimination. Poverty and homelessness are widespread amongst LGBTIQs because of lack of employment opportunities and being driven away from homes by homophobic and transphobic families and communities. Policies that address the issue of discrimination in the workplace would go a long way toward helping LGBTIQs empower themselves economically and find a better sense of self-value as members of their communities.

2. End violence against LGBTIQ groups and human rights defenders in the name of religion:

The early months of 2016 bore witness to several events wherein the safety and welfare of LGBTIQs and activists have been challenged by oppressive groups. Many of this happened in Indonesia, wherein political officials have made statements against the existence of LGBTIQ groups in universities, an Islamic boarding school for transgender women or waria was forced to closed by local authorities, and the Indonesian Broadcasting Company released a statement forbidding “cross-dressing” and “effeminate” males from appearing in their television programs.

In Malaysia, transgender women have also repeatedly faced oppression, most notably this March 2016 wherein 12 trans women were arrested and detained under charges of violating a law prohibiting males-assigned-at-birth from dressing as women. These incidents are only some of the manifestations of the continuous social and political oppression in many ASEAN countries where LGBTIQs are criminalized and/or viewed as taboo.

The ASC recommends that ASEAN governments take action in ensuring the safety of LGBTIQs and human rights defenders from extremist groups, starting from within the local communities and academes where many of them are vulnerable to attacks.

3. Promote meaningful participation in community and government mechanisms:

Aside from economic security and safety from oppressive groups, LGBTIQs also need to be able to have a strong voice in policy formation in both local and regional mechanisms. Without proper representation, LGBTIQs would not be able to see their own needs and concerns included in the ASEAN policy-making agenda. One of ASC’s priority areas for years 2016 to 2019 is integrating SOGIE in the ASEAN’s efforts toward fulfilling the Sustainable Development Goals (SDGs). With this, the organization would like to join local and regional efforts to mainstream SOGIE concerns by finding avenues for inclusion of LGBTIQ issues in policies created under the SDGs.

The ASC calls upon both the governments and activist groups in the region to work together toward creating an ASEAN that values the wellbeing of each and every citizen regardless of their SOGIE. We recommend that governments make the necessary efforts toward protecting the socio-economic and political rights of its LGBTIQ constituents. This can be done through enacting relevant local policies that address systematic discrimination and outright harmful attacks. We also would like to encourage local and regional LGBTIQ rights defenders to give greater effort toward using all available mechanisms to engage international governments such as the UN Human Rights Council. This would go a long way toward mainstreaming the issues experienced by LGBTIQs in regional and local policies.

We, civil society organizations and human rights defenders, express deep concern about the recent deteriorating situation faced by the Lesbian, Gay, Bisexual, Trans, Intersex, Queer (LGBTIQ) community in Indonesia. We express grave disappointment over the Indonesian government’s lack of political will to put a stop to the wave of discriminatory statements and attacks against LGBTIQ persons, and its failure to ensure their safety and protection. We call on the Indonesian government to respect, protect and promote the human rights of LGBTIQ people.

ASEAN SOGIE Caucus expresses support for CamASEAN, the LGBTI community in Cambodia and other stakeholders in the conduct of the National LGBTI Consultation and Dialogue. We believe that spaces where open and sincere conversations between civil society, government and other stakeholders are vital towards effective protection and promotion of LGBTI rights.

We acknowledge the steps undertaken by the Cambodian government in addressing the rights of LGBTI persons.

ASC expresses concern over the recent discriminatory remarks of Indonesian Education ministers. We urge government to create safe spaces where LGBTIQ students can learn, do research and share information.

The ASEAN SOGIE Caucus (ASC) remains highly critical of the recently adopted ASEAN Community Vision 2025.

Certainly, we applaud the goal of working towards a people-centered and people-oriented ASEAN. Millions of diverse ASEAN peoples are key stakeholders in this vision, and must actively participate in realising the various strategies and programs that are part of this long-term project.

Nevertheless, we note that ASEAN has consistently failed its responsibilities as a truly people-centered and people-oriented regional community, due to its refusal to recognise and affirm the principles of inclusivity and non-discrimination.

We believe that all persons belonging to marginalised groups and identities are entitled to human rights and fundamental freedoms on the basis of substantive equality. This protects communities who suffer discrimination based on race, ethnicity, religion, and other status. It also applies to those who are oppressed due to their sexual orientation and gender identity and expression (SOGIE).

ASEAN SOGIE Caucus (ASC) expresses serious concern over the decision of the Federal Court of Malaysia that perpetuates the criminalization of transgender persons. The decision retains the legality of Section 66 of the Syariah Criminal Enactment 1992 of the state of Negeri Sembilan which punishes “[a]ny male person who, in a public place wears a woman attire and poses as a woman”. It poses a serious threat to the life and dignity of transgender persons. Such thereby allows local authorities to continue imposing heavy penalties –fines and imprisonment – to persons who simply express one’s self-determined gender identity.

ASEAN Sexual Orientation, Gender Identity and Gender Expression (SOGIE) Caucus expresses serious concern over discriminatory acts undertaken by the government of Myanmar in the guise of rule of law.

We note with concern that the local government of Mandalay made plans to intensify the conduct of raids and arrests that specifically target gay and transgender persons found to have committed “indecent” behavior in public areas. In addition, we are bothered by recent pronouncements by Mandalay government officials about the need to detain gay and transgender persons in police stations where they will then be subjected to education.

The ASEAN Sexual Orientation, Gender Identity and Gender Expression (SOGIE) Caucus expresses serious concern over the recent statement of Malaysian Prime Minister Najib Razak challenging the universality of human rights. Such statement reflects a reality that the ghost of “Asian values”, which limits the application of human rights, continue to haunt the region.

In his statement last 18 August 2015, the Malaysian PM said that the government cannot defend the extreme aspects of human rights including the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) persons. Such statement is a clear, blatant and gross disregard of its duty under international law.

Malaysia has the duty to respect the rights of all people. It is important to note that Malaysia, being a member of the United Nations, has pledged to promote and respect human rights and fundamental freedoms for all persons as further elaborated in the Universal Declaration of Human Rights (UDHR).