The distinct visual contrast between waria or transwomen and heterosexual individuals makes them incredibly vulnerable to such raids, leaving many transwomen fearful for their livelihoods.

Law No. 18/2014 on mental health guidelines categorizes homosexuals and bisexuals as “people with psychiatric problems” whilst transgender people are said to have “mental disorders” — the distinction being that psychiatric conditions, if not treated, will put people “at risk of developing a mental disorder”.

This ideology infers that homosexuality is a gateway psychiatric issue, which has the potential to develop into the ultimate mental disorder — transgender.

Many public officials further propagate that LGBTQI identification is a disease which must be prevented early on and fortified against by the public.

It is this propaganda with respect to the LGBTQI community that entrenches widespread public fear and cultivates an environment of discrimination and persecution.

Such a cultural climate is indicative of regression in LGBTQI rights and understanding.

The World Health Organization’s International Classification of Disease -10 explicitly states that “sexual orientation by itself is not to be considered a disorder”, although it was only in May 2019 that the WHO revoked the classification for transgender people.

Sexual identity is not a mental illness, but the lack of sociocultural and institutional support for trans-people is causing psychological harm to many.

Arus Pelangi, the leading organization with respect to mental health and LGBTQI rights in Indonesia, found that in 2006 to 2018 there were 1,850 LGBTQI people subject to persecution.

Across Indonesia, 89.3 percent of all LGBTQI people experience psychological, physical and cultural violence. Many transwomen, as a particularly vulnerable group, resort to attempts of suicide as an escape. Yet still, the Indonesian government refuses to invoke any concrete protectionist measures.

On Jan. 29, 2018, police raided beauty salons in Aceh and rounded up 12 transwomen who were then dragged through the streets, beaten and forced to strip naked in front of a growing public viewing. Guns were held to their heads whilst policeman forced the transwomen to “yell like a man”. Their hair was then ripped out and shaven off before they were detained for three days for “counselling and coaching” on how to act more masculine.

Public humiliation and persecution at an institutional level are not only demeaning, but further sets a palpable culture of stigmatization for transwomen throughout Aceh.

A lack of support at a socio-cultural and institutional level has been shown to elevate rates of mental illness such as depression, mood and anxiety disorders, as well as a post-traumatic stress disorder.

Psychological experts note that living in an adverse environment such as this can be detrimental to the mental health and well-being of individuals, resulting in a higher likelihood of suicidal ideation and attempt.

The public health issue of mental illness continues to be shrouded in shame for many Indonesians.

The word primarily associated with mental illness, aib roughly translates to “disgrace”. The cultural tone set at an institutional policy level is not only creating an environment cultivating triggers for mental illness but consequently serves to shame individuals who are adversely affected by this environment.

Targeting and physically assaulting transwomen in their place of business and residence acts as a catalyst for the “three-stress process” which creates chronic stresses resulting in a variety of mental illnesses.

The three-stress process involves 1) external stresses, such as institutionalized discrimination and victimization; 2) the expectation that the victimization or rejection will continue to occur, increasing the victims’ vigilance and anxiety; and 3) an internalization of these negative social attitudes, leading to feelings of guilt or shame about their identities.

After suffering from the inhuman treatment of law enforcement, the victims of the 2018 raids were released on the condition that they refrain from transsexual tendencies, and only dress and behave like men. These victims all owned, or were employed by, beauty salons, one of the very few jobs offered to transwomen in Aceh.

However, due to the strict laws prohibiting men and women from touching the opposite sex (who is not an immediate family member or spouse), this has left many transwomen without work. Living as men, they can no longer complete services for their primarily female clients. Underground sex-work is often the sole remaining option of employment.

The Aceh government has done nothing to compensate for the mental harm their law enforcement agents have caused. Nor have they apologized or attempted to reform the increasingly radicalized Islamic conservatism that plagues many LGBTQI residents throughout Aceh.

Transwomen are not suffering from a “mental disorder”, their sexual identity is not in need of reconfiguration. A recalibration of law enforcement mentality and practice is what is required to prevent ongoing infliction of physical, psychological and emotional harm.

Eva K. Sundari of the Indonesian Democratic Party of Struggle (PDI-P) implored that we “[should not] criminalize someone for being themselves”.

Sexuality and gender identification are as arbitrary as race and thus there is no just standing for discrimination.

The road to upholding fundamental human rights for the LGBTQI community has been slow, yet continued efforts have started to pay off. In the 1994 case of Toonen versus Australia, the United Nations Human Rights Commission asserted the right to privacy for same-sex consenting adults under International Law.

In 1998, the South African Courts repealed the Immorality Act, and in 2003 the Lawrence vs Texas case saw remaining sodomy laws in the United States declared unconstitutional.

Europe has also led the way in regard to legal protectionist mechanisms for LGBTQI persons. Germany has special agents within the police force whose role is to liaise with LGBTQI protection organizations, with on matters concerning violence against the community. The United Kingdom has a similar protectionist method, with an LGBTQI liaison officer stationed in every police district who have been specifically trained to support victims of homophobic or transphobic incidents.

While ASEAN members are yet to reach this level of non-discriminatory legal implementation, many states have made great leaps in upholding LGBTQI rights over the last decade. In May 2019, Taiwan legalized gay marriage. In 2015, Vietnam enshrined the rights of transgender people in legislation. Cambodia holds an annual LGBT Pride celebration and upholds the right to a legal gender change.

Indonesia should join in the global progression of rights recognition by ensuring that transwomen and the entire LGBTQI community are afforded their fundamental human rights under protection mechanisms.

Instead of classifying transgendered orientations as a mental disorder and consequently increasing the likelihood of psychological illness, institutional support must be provided in the right to fair work, health care, action against hate crimes.

Transgender identification is not a mental illness but the daily persecution they endure is inflicting severe psychological trauma.

Discrimination against and persecution of the LQBTQI community in Aceh can be characterized as a direct and severe human rights violation and must be recognized as such.

______

Researcher for Commission for Missing Persons and Victims of Violence (Kontras) human rights group

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