Across Southeast Asia, activists are fighting for the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) and other persons of diverse sexual orientation, gender identity and expression (SOGIE). So far, it has been an uphill battle.
Homosexuality remains to be criminalized in Brunei Darussalam, Indonesia, Malaysia, Myanmar and Singapore. Laws and social norms against ‘cross dressing’ have resulted to persecution of and denial of access to public services against transgender and gender diverse persons. Cultural norms and practices that stigmatize LGBTIQ persons have legitimized violence in both public and private spaces. Moreover, all countries in ASEAN do not have gender recognition laws thereby disallowing transgender persons from exercising self-determination over one’s gender identity.
The ASEAN SOGIE Caucus joins the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) communities and movements worldwide in commemorating the International Day Against Homophobia, Transphobia and Biphobia (IDAHOT). Today we make our voices louder and our collective actions stronger in reminding governments to respect and protect the human rights and fundamental freedoms of all LGBTIQ persons.
This is a statement by the ASEAN Civil Society Conference/ASEAN People’s Forum that we’re sharing in solidarity.
ASEAN Civil Society Conference (ACSC) / ASEAN People’s Forum (APF) 2015 Malaysian National Organising Committee and SUARAM strongly condemns the arrest, detention, deportation and violence behavior against Aung Naing Win, better known as Shine, the Myanmar based human rights activist that has been campaigning for democracy and interfaith relationships/marriages in his country. He was deported back to Myanmar on 23 January 2015, 2 days after his flight landed in Malaysia.
The ASEAN SOGIE Caucus calls for immediate investigation of the violent attacks during the Transgender Day of Remembrance (TDoR) memorial in Tugu, Yogyakarta last Thursday, 20 November 2014, and the recurring violence and intolerance towards minorities in Yogyakarta.
Further, the ASC also calls for the protection of the human rights defenders in Yogyakarta from possible reprisals from non-state actors, including the assailants. In a media release released by the organizers, the assailants had identified and targeted some attendees at the memorial. In addition, similar attacks have occurred before towards religious minorities who have had held similar events. We are concerned that the lack of protection from the state will further exacerbate personal security, safety and well-being of the human rights defenders and others in Yogyakarta. As such, the authorities, namely the police must conduct impartial and speedy investigation to ensure the assailants are held accountable.
The ASEAN SOGIE Caucus (ASC) expresses concern over the increasing state repression against lesbian, gay, bisexual and transgender (LGBT) persons in Egypt. We are concerned that homophobic and transphobic acts of the government have sown fear amongst members of the LGBT community.
In previous months, the Egyptian government has been undertaking targeted violence against self-identified and perceived to be gay individuals and shutting down spaces specific to LGBT community. On December 7, Egyptian police raided a bathhouse in Cairo and arrested more than 30 individuals alleging them to have been involved in homosexual acts. The individuals arrested were reported to have been identified by the media which infringes upon their right to privacy. In November, eight men were penalized with three year imprisonment due to their attendance to a same-sex wedding ceremony. In April, four men were sentenced to between four to twelve years imprisonment for being involved in an all-men gathering in Cairo.
The ASEAN SOGIE Caucus (ASC) is outraged by the brutal murder of Jennifer Laude, a transwoman from the Philippines, by a member of the US military. We are strongly concerned that there will be further exacerbation of the late Jennifer’s human rights should the perpetrator be tried in the US, due to the privileges, double standards and impunity enjoyed by these military personnel in the Philippines.
The ASEAN SOGIE Caucus (ASC) condemns the regressive and inhuman revision of the penal code of Brunei Darussalam that introduces stoning to death as a specific method of execution for same sexual activities. The ASC is somewhat comforted by the postponement of the implementation of the new code. However, the ASC maintains its position on the introduction of the law, albeit the delay.
Same sex activities between men are already criminalized under the Penal Code, and if found guilty, one can be punished with imprisonment for a term which may extend to 10 years, and will also be liable to fine. The revision of the Penal Code is uncompassionate, and will maintain the disgracefully low standards of human rights in the ASEAN.
The ASEAN SOGIE Caucus Affirms ‘We Are #ASEANtoo’ & Calls States And People to Support Inclusion of SOGIE in the ASEAN
March 13, 2014 – The ASEAN SOGIE Caucus (ASC) yesterday launched its ‘We are #ASEANtoo’ campaign on its social media sites in the lead up to the ASEAN People’s Forum that will take place in Burma from 21 to 23 March 2014. The social media campaign calls online users to show their support for the inclusion of sexual orientation, gender identity and gender expression (SOGIE) in the ASEAN by using the hashtag #ASEANtoo as they send supportive tweets and Instagrams.
We have translations of our recommendations in Burmese, Chinese, Filipino, Indonesian, Khmer, Malay, Tamil, Thai and Vietnamese. Please distribute this in the language your community speaks best. (A Lao translation is forthcoming!)
ENGLISH
1. Immediately repeal laws that directly or indirectly criminalize SOGIE, recognize LGBTIQ rights as human rights, and harmonize national laws, policies and practices with the Yogyakarta Principles.
2. Establish national level mechanisms and review existing regional human rights instruments (e.g. AICHR, ACWC) to include the promotion and protection of the equal rights of all people regardless of SOGIE with the active engagement of the LGBTIQ community.
3. Depathologize SOGIE and promote psychosocial well-being of people of diverse SOGIE in accordance with the World Health Organization (WHO) standards, and ensure equal access to health and social services.