STATEMENT ON THE OUTCOME OF INDONESIA’S UNIVERSAL PERIODIC REVIEW (3RD CYCLE)
On 3 May 2017, Indonesia underwent its 3rd cycle of the Universal Periodic Review (UPR). The ASEAN member-state received more than 10 recommendations related to sexual orientation and gender identity (SOGI), from countries such as Argentina, Brazil, Australia, Austria, Spain, Sweden, and Czech Republic. ASEAN SOGIE Caucus welcomes these inputs, especially given the alarming situation faced by Indonesian LGBTIQ people.
Despite the achievements on human rights flouted by the Government of Indonesia, no progress related to the human rights of LGBTIQ persons was discussed. Various discriminatory laws and regulations in at least 13 provinces used to persecute LGBTIQ people in the country. Conditions deteriorated further in early 2016 after high-ranking officials issued discriminatory statements condemning LGBTIQ people, fuelling greater hostilities. Activists in Indonesia have documented at least 142 cases against LGBTIQ people since 2015, ranging from the disbandment of LGBTIQ-related events to threats of violence directed to LGBTIQ individuals or activists. There are also on-going efforts to criminalize homosexuality within the draft of the new criminal code being discussed in the House of Representatives. In addition, the Constitutional Court recently concluded its judicial review of a petition submitted by “Aliansi Cinta Keluarga”, which seeks to make same-sex sexual conduct a criminal act. The decision will be released in the 3rd quarter of 2017.
Recommendations received during the UPR focused on ensuring non-discrimination on the basis of SOGIE. These include recommendations to repeal established discriminatory laws and to halt attempts to criminalize same-sex relations. The representative from Sweden, for example, noted: “Although same-sex sexual relation are not criminalized in Indonesia, there are no national laws specifically protecting LGBTI persons against discrimination. Discriminatory provisions exists in, for example, the Anti-Pornography Law containing specific discriminatory language against homosexuality, as well as in local laws.” A similar message was also conveyed by the representative from Australia, who “further recommends Indonesia intensify efforts to respect and uphold freedom of expression, assembly, and religion and belief, and to prevent discriminatory on any grounds including sexual orientation and gender identity.”
We at ASEAN SOGIE Caucus appreciate the work of states that highlighted the plight of LGBTIQ people in their recommendations. We hope that the Government of Indonesia will integrate these recommendations into their policies and programs and ensure that the human rights of all people are promoted and protected. Together with other civil society organizations, we reaffirm our commitment to work hand-in-hand on these issues.
In Manila: Ryan Silverio, Regional Coordinator, ASEAN SOGIE Caucus
In Jakarta: Cornelius Hanung, Advocacy Officer, ASEAN SOGIE Caucus