Invisible LGBT people in ASEAN: "These are our lives we are talking about!"
A transgender girl baring her breasts against the military coup in Thailand, marked with pro-democratic slogans and spreading her legs, Aum Neko has once again caused a social media fury for her civil disobedience methods. Along massive positive support, the transgender student was subject to attacks on her sexual orientation and identity. “Damn ladyboy” was just one of the softer comments on social networks. Around the same time, in neighboring Malaysia, 16 transgender women were sentenced to seven days in prison and a fine for “cross-dressing”. Human Rights Watch called it a “violation of their rights to freedom of expression and privacy”. This past June’s Pink Dot, LGBT rights rally, in Singapore saw a white opposition from Muslim and Christian religious groups, calling on people to wear white in protest. On a more positive note—the first public same sex wedding was held in Myanmar this spring and surprisingly, Vietnam’s communist government doesn’t seem as hostile to LGBT people than to other civil and human rights movement.
“It’s a mixed bag (in ASEAN)”, says Ng Yi-Sheng from the Singaporean Committee of ASEAN SOGIE Caucus, campaigning to include LGBT (IQ-intersex,questioning) rights in ASEAN’s human rights documents. “On one hand, we have countries where civil unions will probably soon be legal, such as Thailand. On the other hand, we have countries where (same sex relations) are punishable with death by stoning, such as Brunei. And then we have countries in between, like Singapore, where there is a moderate level of acceptance but still a law against gay male sex.” There is one thing though, that all ASEAN members have in common, and it illustrates the long way LGBT groups have in Southeast Asia to achieve basic human rights, regardless of sexual orientation and identity. “We don’t have national anti-discrimination or anti-hate crime legislation with only some city-level ones in the Philippines. This is what worries most of us, much more than marriage and adoption rights,”Ng Yi-Sheng points out. So how visible are LGBT people in Southeast Asia, and are ASEAN and its member countries members rather, turning a blind eye to their existence in the first place? Here is our evaluation based on NGO reports, ASEAN SOGIE Caucus and International Gay and Lesbian Human Rights Commission (IGLHRC) analysis.
1. The safe havens: Thailand and Philippines
Thailand has been often called the number one ASEAN country for sexual minorities’ rights and acceptance, decriminalizing homosexuality as early as 1956. LGBT people from neighboring Laos, Cambodia or Burma would agree, often migrating to the “Land of Smiles” for a more positive life, free of fear and discrimination. Relatively tolerant to gays and lesbians, Thais are close to becoming the first in ASEAN to abolish ban on same-sex marriages. A sex change is possible here for a few thousand dollars and “kathoeys”— also known as transgender women—have become a popular part of entertainment industry as well as the vibrant sex trade. Nevertheless, Thailand remains more than stereotyped against transgender people. They are generally associated precisely with these ‘entertaining’ professions, extending only to beauty and fashion. Other sectors remain conservatively closed to “kathoeys”. Moreover, a study by UNESCO and Mahidol University from November 2013 found that a third of 2,000 LGBT students had been physically harassed and only a minority had shared their bullying experience with anyone, often resulting in depression and suicide attempts (7%). Analysts also point out that Thai government and authorities often play down hate crime against LGBT people as ‘love affair crime’. While in practice it means little, Thailand is the only ASEAN country supporting the UN declaration oF LGBT rights.
This two-faceness is present in the Philippines as well. Somewhat advertised around the world as one of the most ‘gay friendly’ countries, this is apparently a ‘sad misinformation’, says Professor Neil Garcia in IGLHRC’s research paper on the Philippines. The study concludes that hate crime, discrimination and violence against LGBT people are widely reported, but the lower end of justice system is cutting sexual minorities short of effective protection, especially because of lack of understanding by local authorities. Consensual homosexual relations, homosexuality and transgenderism are not illegal in the Philippines, but LGBTpeople are rather invisible to the legal system. Nationwide surveys have shown that only less than 14 percent of Filipinos approve of homosexual acts, but more than half of the respondents respect the right of person to be homosexual. Officially a secular state, mostly Roman-Catholic, Philippines therefore adopts the Vatican’s stance on LGBT people, but they are a bit more tolerant than that. “A strong activist scene is present there and general acceptance is more widespread,” concludes Ng Yi-Sheng from Singaporean Committee of ASEAN SOGIE Caucus.
2. Rising star and the hybrid: Vietnam and Singapore
Vietnam has jumped out of its label of the ‘least developed’ countries of ASEAN recently and rather quickly with enormous economic growth. While this is less true for human development or democratization, the LGBT movement has been one of the most effective amongst the increasing call for civil rights and internet freedom,. The communist government had been considering to abolish the ban on same-sex marriages since 2012, and has since then decriminalized same-sex weddings and allowed same-sex couples to live together. However, while the communist government is somewhat relaxed towards sexual minorities, the society remains conservative, says Ng Yi-Sheng from the Singaporean Committee of ASEAN SOGIE Caucus. “The route to civil unions is suggested, but general awareness remains low.” The biggest opposition against LGBT rights comes from Vietnamese Women’s Union, which sees same-sex marriage as a threat to traditional family values. And the challenge goes on, as homosexuality is still a taboo topic in the largely Confucian Vietnam.
The most developed country of ASEAN, Singapore, has been moving in-between the traditional tight legal grasp on society and aspirations of new civil freedoms. On 28 June 2014, Singapore held the sixth year of “Freedom to Love” LGBT rights rally. Last year’s ‘Pink Dot’, in honor of ‘little red dot’ a.k.a. Singapore, has been the largest gathering of civil society ever with more than 21, 000 people attending. The general tolerance against LGBT people is on the rise especially among young generation of Singaporeans. “The acceptance is growing, but laws are bad,” says Ng Yi-Sheng. As a former British colony, Singapore inherited the ‘sodomy law’, outlawing sex between men. Two gay men challenged the penal code as unconstitutional in 2007, but after years of heated debate, it was upheld in the High Court last year. While the calls to abolish the sodomy law are increasingly more frequent, so is the push against them, coming mainly from growing evangelical congregations: a big lobby group that has a direct effect on opinion-making in Singapore. The ‘Pink Dot’ celebration this week is expecting a protest by white-wearing conservative religious groups—Christian and Muslim alike.
2. The least developed: Cambodia, Laos and Myanmar
Known as CLM, the trio is far from safe and comfortable environment for LGBT people. The process of legal policies for protection and rights of sexual minorities is rather slow, but a promising civil society has been springing up, especially in Cambodia. “There is a strong emergent activist scene there,” says Ng Yi-Sheng from ASEAN SOGIE Caucus in Singapore. The Pride Week event in mid-May ran for a whole week in the capital city of Phnom Penh, as a lead-up to the International Day against Homophobia and Transphobia. The six-day festival featured workshops on family acceptance and LGBT issues, film screenings, Buddhist blessing ceremonies at Wat Samrong, fashion shows, concerts, and the pride parade. In Buddhist Cambodia, religion does not necessarily teach that homosexuality is wrong. However, traditionalism in Cambodian families makes it hard for one to be accepted by his closest ones. It is of a major help that many of the high ranking representatives in the country had been speaking out for acceptance of LGBT people in recent years, such as PM Hun Sen and the late King Norodom Sihanouk. Although Cambodia’s constitution prohibits same-sex marriage, accounts of support and even legalization of lesbian unions, have been reported on a local level in Cambodia. In several provinces, local community chiefs have often granted ‘family documents’ to lesbian couples.
Many would agree that in Laos, civil society is almost absent as years of communist government have silenced free media and activism. While a few have been trying to bring about positive change on a community level through education and sustainability, the case of disappearance of prominent activist Sombath Somphone speaks for itself. Nevertheless, LGBT people in Laos have been quite active in organizing events to raise awareness in the mostly rural and conservative society. In 2012, the first gay pride “Proud to be Us!” took place in the capital Vientiane. Around 100 lesbian, gay, bisexual and transgender people had gathered on a US embassy sports field to watch performances pointing to the marginalization of LGBT people in Laos. The event was organized by the US embassy and local activists, and a senior government official attended the event as well. “The aim was to show that we can live and work together in harmony and that LGBT people can contribute enormously to the country given the opportunity. We have never had an event like this. I feel empowered that this is the first step that can take us forward,” event organizer, Anan Bouapha, told Agence France-Presse (AFP). Although homosexuality is legal in Laos and there are rarely victims of violence, the LGBT community faces discrimination, especially when seeking employment in government or other higher status professions. Many are therefore left with poorly paid jobs or end up working in the sex industry.
Myanmar, or Burma if you like, is one of the ex-colonies of Great Britain, that still keeps in place the infamous sodomy law, prohibiting sexual intercourse between adult males. While the penal code is not strictly enforced by authorities, activists note that harassment and discrimination of sexual minorities are rampant. Trans-women have been reported to be regularly harassed by police and authorities. After the end of military regime and civilian government installed after the first elections in 20 years in November 2010, taboos concerning homosexuality began to relax. Myanmar held its first gay pride event in 2012 and this year in March, the first ever public gay wedding took place. Although the couple wasn’t granted legal status, it is at least a small step towards acceptance of different sexual orientation and same-sex relations in Burma.
3. LGBT and Islam: Indonesia vs. Malaysia and far away Brunei
A typical stereotype of Islamic countries’ hostility towards sexual minorities is short of the variety of cultures in Southeast Asia. Indonesia is a good example. Although the country has the largest Muslim population in the world, tolerance “highly varies within the country. While the level of queer acceptance is high in some areas, danger of religiously motivated attacks persists elsewhere,” says Ng Yi-Sheng from Singapore’s Committee of ASEAN SOGIE Caucus. Indonesia has secularist constitution and homosexuality is legal, but a recent poll shows 93 percent of Indonesians feel homosexual couples should not be accepted. While most Indonesians practice moderate Islam, hardline Islamic groups are on the rise, constantly pushing the officially secular government. In 2002, Aceh province was granted the right to use Sharia law, which criminalizes homosexuality. A year later, proposal to criminalize same-sex relations in Indonesia failed. That was more than ten years ago. While legally, the country is obviously not keen on cracking down on sexual minorities, the perception of them is another issue. Just last year Banda Aceh Deputy Mayor Illiza Sa’aduddin Djamal talked of homosexuality as “a social disease that should be eradicated” and a punishment of 100 public lashes for offenders.
On the other hand, Malaysia has a much clearer stand with a Muslim majority and Islamic constitution; homosexuality remains illegal by the colonial-era sodomy law, criminalizing homosexual intercourse. Intolerance is rather increasing with the institutional islamization of Malaysia. The International Gay and Lesbian Human Rights Commission (IGLHRC)’s report on LGBT rights in Malaysia concluded that these people face rising hostility, discrimination and abuses. There is no protection for them in the political system. Increasingly present is the state-administered Sharia law, which criminalizes lesbian sexual intercourse (musahaqah), sex between men (sodomy), sex “against the order of nature” (liwat), and also “impersonating” opposite sex, such as cross-dressing. The government is keen on developing a particular “Malaysian vision” and the LGBT people are clearly not part of it. Sexual orientation and gender identity issues are rejected by Malaysia at all human rights platforms: national, regional (ASEAN) and international (UN).
At the end of ASEAN’S LGBT tail is Brunei, recently slammed across the world for passing a new penal code that calls for death by stoning for same-sex relations. Those have long been illegal in Brunei, though the maximum punishment was ten years of jail. The only solace for LGBT community there is that Brunei has been holding an effective moratorium on death sentences since 1957. Many are hopeful this custom will continue. Others point to the obvious fact that criminalization and death penalty for same-sex relations between adults violate rights to privacy, equality, freedom from arbitrary arrest and detention.
Discrimination of sexual minorities in ASEAN akin to a dog chasing its own tail.
We can weigh the positives and negatives for LGBT rights in Southeast Asia, but one thing is for sure: there are small victories on all fronts of the national struggles in each country. “The growing human rights work has directly increased tolerance and acceptance in terms of promoting LGBT people, but there is still much work to be done,” says Ging Cristobal from IGLHRC. Despite being a native from the Philippines, Ging doesn’t stop short of criticizing ASEAN, where the progress of including LGBT(IQ) people in human rights policies has been zero. “ASEAN has done poorly, as evidenced in its Human Rights Declaration without the inclusion of sexual orientation, gender identity and expression (SOGIE). This is because countries like Malaysia, Singapore and Brunei continue to oppose this as part of human rights regional mechanisms.”ASEAN SOGIE Caucus is a network of human rights activists from eight member countries campaigning to push the issues of SOGIE to regional platforms in Southeast Asia that are repeatedly being rejected by ASEAN. This contradicts the obligations of member states, and also ASEAN as a regional body, such as the ratified United Nations Human Rights Declaration and other UN mechanisms including Committee on the Elimination of Discrimination against Women (CEDAW). Moreover, ASEAN’s Intergovernmental Commission on Human Rights (AICHR) effectively uses the “regional particularities” argument to hinder the progress of inclusion of LGBTIQ people.
The LGBT issue has become another card in the ‘non-interference in domestic matters’ politics play in ASEAN and the rule of ‘all ten members consent’ is unlikely to bring success to the sexual minorities’ campaign for rights and protection. “It’s heartbreaking. They can’t even agree that LGBTIQ citizens have to be protected from violence. This is our lives,” laments Ng Yi-Sheng from the Singaporean Committee of ASEAN SOGIE Caucus. And while the LGBT network is not very connected across ASEAN as people speak different languages and also domestic issues vary from country to country, one thing brings all together—“the need for common human rights charter to protect everyone,” Ng adds. Ging Cristobal from IGLHRC points out that no one is asking for special treatment. On the contrary, it is basic protection for marginalized groups that LGBT activists in ASEAN seek. “We have multiple identities and with each identity we are at risk of facing multiple forms of discrimination and abuse. There are indigenous or ethnic gay persons, lesbians with disabilities, transgender youth, migrant gay men, lesbian children. We see our issues as equal as that of other identities and sectors. In seeking inclusion, we have to be conscious not to exclude others as well.”
As ASEAN readies to become an economic community in 2015 (AEC), economic growth is on everyone’s mind, as it is also the least politically touchy one. As long as the member countries are trading and making money, the national and regional leaderships are happy. But what about LGBTIQ people, aren’t they part of the workforce, don’t they contribute to the economy? “The impact of lives lost and economic deprivation, all have direct effect on economic productivity of a country. LGBT skilled workers leave for security reasons and live in progressive countries, where they are not deprived of work and access to social services,” warns Cristobal. A recent study by University of Massachusetts concluded that “economic cost of homophobia ranges from 0.1 to 1.7 percent of gross domestic product, though the authors admit that the invisibility of LGBT people makes it harder to achieve reliable data. In the on-going research, India was a case study and some interesting facts were revealed. For example, homophobia brings an enormous financial burden to health care. HIV disparity, depression, and suicide cost India between 712 million and 23 billion US dollars in 2012, and all three health issues are particularly high among LGBT people in the country. In economic terms, this is a ‘recession’, researchers concluded.
Ng Yi-Sheng from ASEAN SOGIE Caucus in Singapore believes it is in ASEAN’s interest to push for the recognition of LGBTIQ rights. “Cities that are more accepting of LGBTIQ people have been shown to be more creative and open to development. Homophobic and transphobic cultures also trap heterosexual men and women in gender roles, which they are not always happy with. More openness would create more development and more happiness for people in general.” Unfortunately, not everyone feels the same. As SOGIE activists and their cause prove to be too controversial, other human rights campaigners within ASEAN’s civil society network are often closing the door to include LGBTIQ rights in their agenda. Simply put, they are too afraid that their own battle will be lost. After all, ASEAN is an inter-governmental organization, which all ten member states joined to fulfill their national self-interest, and is by no means to be subjected to the transnational power of human rights documents.
This article was published by http://simplysxy.com - Singaporean website focused on topics of sex, health, sexual orientation and minorities, encouraging debate on often taboo-ed topics of sexual life and identity in Singapore and Southeast Asia regionally.
Original links:
Part 1 can be read here http://simplysxy.com/articles/2014/07/05/the-invisible-lgbt-people-in-asean/
Part 2 can be read here http://simplysxy.com/articles/2014/07/05/the-invisible-lgbt-people-in-asean-part-2/
Part 3 can be read here http://simplysxy.com/articles/2014/07/06/the-invisible-lgbt-people-in-asean-part-3/
