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U.S. grants asylum in Indonesian transgender case

The United States granted,for the first time, an asylum claim to an Indonesian transsexual last month, an activist said

The Jakarta Post
Sun, August 10, 2008

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U.S. grants asylum in Indonesian transgender case

The United States granted,for the first time, an asylum claim to an Indonesian transsexual last month, an activist said.

Lesbian, gay, bisexual and transgender rights organization Arus Pelangi founder King Oey, said that Michelle Saraswati, 42, formerly known as Michael Setiabudi, won her case at the San Fransisco Immigration Court in July.

Michelle, a graduate from Trisakti University school of architecture, came to the United States in 1998 as a gay man. She stayed illegally after her work visa expired in 2001 and after her asylum claim as a gay man was rejected in 2005.

In August 2006 she was arrested for violation of immigration rules. She appealed and her case was re-opened as a transgender.

King acted as an expert trial witness by telephone, describing the quality of life of transgender people here.

Lack of laws and legal recourse in Indonesia for transgender discrimination and limited employment opportunities for transvestites was her main justification to seek asylum in the United States.

Foreign Affairs Ministry spokesperson Teuku Faizasyah when contacted on the matter said that Michelle had been seeking asylum since 2001.

"We are still checking whether her claim has been granted or not," Faizasyah said.

Fellow gay Indonesian Paul Amro Yuwono residing in San Fransisco, who helped Michelle in her case, told The Jakarta Post through email that support from the LGBT community in San Fransisco was strong.

Their network succeeded in collecting money to bail Michelle out of jail.

Paul said that he flew to Indonesia to collect letters from the LGBT community here and from friends to support Michelle's case.

"I had a mixed reaction from them. Some of them were too scared to do so and some of them were angry at me for supporting this case. They thought I was being a traitor and (that) I looked down on my own country," Paul said in his email.

"The only person who willingly helped to write a witness letter was a good friend of mine, Vina Gracia who is a transgender herself. She wrote a letter telling about her life struggle in Yogyakarta and Jakarta as a transgender," Paul said.

He added that support also came from Gaya Nusantara founder Dede Utomo, KRT Daud Wiryo Hadinegoro, film director Nia Dinata and other close friends in the GLBT Organization.

Paul said that Michelle's case could be a wake up call for the government to eliminate discrimination and do more to protect sexual minorities.

"They are loosing their own talented people. Michelle is an architect and soon she will take up a great job in a design and architecture company. Michelle is only one example."

"There are many Indonesians including GBLT and other minorities that have bailed out from Indonesia and are building a good life here in the United States," he said. --Prodita Sabarini

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