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Jakarta Post

Standing up for LGBTQ rights

Don’t stand for homophobic bullying

Abdul Rohman (The Jakarta Post)
Florida
Fri, July 22, 2011

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Standing up for LGBTQ rights

D

on’t stand for homophobic bullying. Stand up for your Gay, Lesbian, Bisexual, Transgender, Queer and Questioning friends” (adapted from Stand Up, Irish ad)

The idea of expressing sexual orientation in Muslim-majority states has almost been a source of debate. Moral judgments and legal considerations seem unable to satisfy each other.

The main conservative religious groups definitely mention that same-sex relationships violate religious values and betray humanity. On the other hand, activists of freedom of expression see sexuality as a civil and political right.

Indonesia, as home to the largest Muslim population, has been facing this issue for years. Nevertheless, the gay rights movement has not significantly increased and leverage against gay people remains notoriously high. Respectively, gay guys prefer to stay in the closet for security reasons and follow the expectations of mainstream culture.

Most will say, “You can be gay, but don’t talk about it.” Coming out often doesn’t end well, with either exclusion from family, peers and employers. Being condemned by society and other situations puts this minority group into vulnerable situations. Simply put, coming out publicly as gay is a serious burden to access, benefits, and control of economic, social and cultural rights.

Regardless of the moral judgment, having relations with someone of the same sex is legally recognized by international laws. The Universal Declaration of Human Rights (UDHR) explicitly states that both men and women are equal and entitled to any rights and freedom without any distinction based on sex, political opinion and so on.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is also relevant in cases of discrimination against lesbian, bisexual and transgender women. The International Covenant on Civil and Political Rights (ICCPR), article 2 paragraph 1 implying non-discrimination and 26 referring to equality before the law should be taken to include sexual orientation.

Article 2 of the Children’s Convention singles out discrimination and obligates the government to ensure protection against it. This treaty can also be relevant to addressing discrimination based on sexual orientation toward children and/or parents. Recently this year, the UNHR Council specifically passed Resolution L9/Rev1 on human rights violations based on sexual orientation and gender identity.

The government as a legitimized party to exercise power within its jurisdiction should enforce human rights on a daily basis. Nonetheless, within the Indonesian context, many transsexuals have no ID cards because of the bureaucracy, which deprives them of access to health and other public services. Also, protecting every citizen’s right to express his or her sexuality by creating a safe place for them to live is essential.

It is clearly reported by national media that certain radical religious-based community organizations embrace violence to enforce their ideologies. They use particular moral judgments to justify gay-bashing, banning queer film festivals and spreading hatred against homosexuals. In fact, there is no law concerning homosexuality in Indonesia.

In some circumstances, however, the government has tended to ignore their movements. Fundamental religious groups that practice violence, hate-speech and blasphemy against other groups must be shut down. Inherent to this policy, executive, legislative and judiciary sectors should introduce the essence of multiculturalism in delivering service to citizens by mirroring this idea in policies and decision-making processes.

The idea to live under a multicultural umbrella has been voiced by many and various nonprofit organizations. Some of them that specifically concern sexual orientation are Arus Pelangi and Gaya Nusantara. Their work in educating and empowering society and influencing policy related to gay rights has been recognized as the first gay movement in Indonesia.

Nonetheless, the idea of sexual orientation is somewhat dry and will not be funded if it has nothing to do with health policy. The freedom to publicly express sexuality and to be accepted as a gay person is still far from recognition.

To respond to this situation, network-based advocacy should be exercised. Local and national NGOs should collaborate with the international community to pressure the Indonesian government to seriously enforce the ICCPR.

Nationally, local NGOs also can initiate lobbying and dialogue among stakeholders. Along with this, they can educate the public that homosexuals are members of society, using an integrative strategy involving communications and media people, moderate religious leaders, youth representatives, teachers and members of government.

Initiating a benchmark to build a strong connection among international stakeholders is essential. They can share best practices and strategies to make this minority group’s rights mainstream. For instance, learning about how gay communities and activists in New York turned same-sex marriage into state law, and how Denmark became the first nation to recognize men who have sex with men.

Along with this ongoing process is advocacy and communication through mainstream, alternative and interactive media. Although in some points, the mainstream media often portrays homosexuality under miscellaneous and sticky stereotypes, it has a huge influence and largely shapes public opinion.

The second media group has traditionally been used to target specific audiences such as via monthly bulletins distributed to school communities to minimize prejudice against homosexuals and educating people how to respond to students who are confused about their sexuality.

The last media grouping has been recently used by activists to shake up mainstream ideas about homosexuality. Many gay people fight individually for their rights and promote sexual education and understanding through interactive media.

This tremendously powerful and interactive tool in many cases has achieved responses that show that digital advocacy can press decision-makers to establish or change certain policies.

The writer, a faculty member at the Indonesian Islamic University in Yogyakarta, is a graduate student
at Florida State University under the USAID Scholar and Msgr. Kerr fellow programs.

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