Indonesian Government Questioned About LBT Rights Violations

By Grace Poore
Regional Program Coordinator for Asia and the Pacific Islands

Women’s human rights defenders from Indonesia arrived in New York this week to report to the Committee for the Elimination of Discrimination Against Women (CEDAW) about flagrant violations experienced by women and girls in Indonesia across all sectors of society – female circumcision, unsafe abortions, forced sterilization of minority women, marital rape, polygamy, weak implementation of the domestic violence law, police abuses, abuses by domestic worker recruitment agencies, failure to grant reparations to women sexually violated during conflicts with the Indonesian military and police forces, judicial disregard for violence and discrimination against women, rampant abuses against women migrant workers, and many more.

Yet, violence and discrimination against lesbians, bisexual women and transgender (LBT) women was not on the agenda. The spread of intolerance by religious fundamentalists had driven a wedge within the Indonesian women’s movement. Except for one 145-page shadow report that mentioned sexual orientation and gender identity (SOGI) once, LBT people were invisible. Even Komnas Perempuan, the National Commission of Women was reluctant to raise LBT issues. As one Commissioner explained, “The fundamentalists are saying that when we push for women’s rights we are pushing for same sex marriage. So if we bring up LBT, it will weaken our advocacy.” Another Commissioner assured me, “We can raise the LBT issue at the next CEDAW session.” But that would be five years down the road!

Sri Agustine, director of Ardhanary Institute, a national LBT organization in Indonesia admits, “When I arrived in New York, I was pessimistic because I was the only one from my organization, and the other NGOs [non-governmental organizations] did not want to mention LBT issues because [other] women’s issues were urgent. But I’m a woman also.”

L to R: Sherlina Nageer from Guyana, Grace Poore from IGLHRC, Dorathy Benjamin from IWRAW Asia Pacific, Sri Agustine from Ardhanary Institute. (Photo courtesy of Ardhanary Institute.)

Women’s NGOs Exclude LBT Issues

Since 2000, LBT people in Indonesia have been part of the women’s movement, fighting for equality for all Indonesian women. Yet the CEDAW Convention does not apply to LBT people because LBT rights are not seen as women’s rights by the Indonesian state. This attitude is in part due to the resistance of women’s NGOs to recognize the multi-dimensional discrimination and “layered violence” that LBT people face for being women and also because of their sexual orientation and gender identity.

Agustine was pressured not to make any statements about LBTs to the CEDAW Committee. It saddened me to see how the forces of religious extremism had managed to compartmentalize advocacy and silence even those who were allies – allies who quietly supported LBT people but publicly could not afford to be associated with LBT rights.

The International Gay and Lesbian Human Rights Commission (IGLHRC) was aware that in Indonesia, fundamentalist thugs were calling up LBT groups and leaving threatening telephone messages, stalking LBT activists, violently disrupting human rights workshops and film festivals, halting conferences, using the media to incite violence against LBT people, and posting stickers on restaurant windows and banners in public spaces that said, “Destroy Gays and Lesbians.” This climate of hate and intolerance in the name of religion and morality has grown steadily since 2008 and exposed the LGBT community in general to vigilante attacks, police complicity with attackers, curbing freedom of association and assembly, stifling freedom of expression, and eroding LGBT people’s access to justice.

Decentralization

Ironically, these human rights erosions grew out of the decentralization process initiated by the Indonesian government to grant autonomy to local provinces and districts so they could govern themselves, including create their own local laws (or bylaws). Religious extremists usurped the decentralization process to create discriminatory bylaws in their provinces and enforce them with impunity in the name of morality and religion. They targeted sexual rights, reproductive rights, women’s rights and LBT rights. They regulated what women wore, the length of their hair, what public spaces they could access, and how they appeared – with penalties for butch lesbians (lesbian tomboys) for not looking “feminine enough” or transgender women (waria) for “acting like women.”

Ardhanary Institute reports that since 2008, employment discrimination and sexual bullying in schools sharply increased because of the “spread of intolerance.” By 2010, family violence against LBT people had doubled in Jakarta, the capital city, and tripled in the provinces outside Jakarta. Lesbians, particularly lesbian tomboys were increasingly being “sexually abused by fathers, uncles and brothers to change the sexual orientation of lesbians.” Those who risked going to the police faced ridicule and blame for provoking the violence and were lectured by police officers to change their sexual orientation and gender identity. Reports on the violence were quashed by police to prevent “smearing family reputation.”

According to Komnas Perempuan, the Indonesian Women’s Commission, the Ministry of Home Affairs was not properly monitoring and ensuring that the local bylaws were nondiscriminatory and in compliance with international human rights treaties that Indonesia has ratified, including the CEDAW Convention.

These realities challenged the suggestion that LBT people could wait another five years before their issues were brought to the CEDAW Committee. Agustine and I negotiated with the NGOs. Finally, they allocated eight minutes out of seventy minutes, which was fair given the number of NGOs wanting precious face time with CEDAW Committee members. Following our presentations, Komnas Perempuan and the leadership of the CEDAW Working Group of Indonesia revised their statements to include SOGI. They requested from Ardhanary Institute a regular supply of data so they could include it in their educational materials.

State Review

On the morning of July 11, Agustine walked into the room where the 52nd session of the CEDAW Committee would commence, a broad smile on her face, eyes shining. “I feel confident,” she said, having earned the support of the other activists, her sisters in struggle.

The first question on LBT rights violations was raised by Patricia Schulz, CEDAW expert from Switzerland: “The bylaws on adultery passed in Aceh, if implemented, would expose adulterers to death by stoning, and LBT persons to caning, 100 lashes. This law is pending implementation. These bylaws represent grave violations of the rights of women to life, liberty and security… there is no commitment of the government to challenge these local and provincial laws. So I ask if your government plans to systematically review the local and provincial laws and strike down all the provisions that are discriminatory to women. You have the authority and the mechanisms to do so. Let me comment that decentralisation cannot mean that the human rights of women are invalidated at the local and provincial level. Democracy and rule of law, including anti-discrimination and equality law have to walk hand in hand, at all levels of the State structure. Governments are responsible for upholding the obligations arising from ratified human rights treaties, so I hope that you will give us very good news on that respect at our next constructive dialogue.”

The second question came from Silvia Pimentel, CEDAW expert from Brazil and Chair of the Committee: “Due to different risks associated with being identified as lesbians, bisexual, or transgender, LBT people who experience violence by family are reluctant to report their cases to police. Could the State: (a) enhance operational procedures, such as victim representation and witness protection? (b) sensitize frontline staff through training to address these specific fears?”

Harkristuti Harkrisnowo, Director-General of Human Rights in Indonesia’s Ministry of Justice and Human Rights responded, “The allegation about criminalization of LBT is incorrect because Indonesia does not criminalize LBT groups.” He added, “Regarding the punishment in Aceh, the law is not in place yet.”

Harkrisnowo stonewalled. He did not shed light on what measures the state would take to ensure protections. True, Indonesia has no sodomy law like many other Muslim countries in the region. But there are laws that disproportionately affect transgender people like the vagrancy and public order laws. The Anti Pornography Law classifies homosexuality as a “deviant act” that is punishable with jail and a fine.

In addition, a total of 154 local bylaws, regulate how women dress, including lesbians and lesbian tomboys who are punished for not appearing “feminine enough” and effeminate men and transgender women are punished for “acting like women.” Other bylaws force women to cover their heads, control what public places they can socialize in, and how late they stay out – all of which directly and indirectly affect LBT people.

The most egregious of the discriminatory local bylaws is the Aceh adultery law that was passed in 2009 by religious hardliners in the Aceh government. If this law is implemented, heterosexual people will be stoned to death for adultery and LGBT people will be caned 100 times and face 8.5 years in prison for homosexuality, which the law defines as sexual activity outside marriage. Civil society groups have filed for judicial review with the Indonesia Supreme Court. To date, there has been no decision. IGLHRC has learned that the new governor of Aceh favors amending the law. LGBT groups in Aceh fear that even if stoning is removed, the penalties for homosexuality could remain unless there is greater solidarity.

As Agustine said after a long day, “SOGI needs to be included in the definition of discrimination against women in Article 1 of the CEDAW Convention. The Indonesian government needs to ensure that Indonesian LBT people have equal access to the law and justice. The Indonesian government needs to promote acceptance of sexual and gender diversity among non-state actors and destigmatize our issues.”

Trans Day of Remembrance: Focus on Indonesia

“The killings of transgender people, involving Indonesian law enforcement are poorly or never investigated. More often they are put into the freezer by the state, and left unresolved.”

Grace Poore, IGLHRC, Regional Coordinator, Asia and Pacific Islands

Indonesian waria (transgender) activist Elly Susana was killed in 2007. To date, there has been no justice for her. Elly Susana’s story is told in Courage Unfolds, a video produced by the International Gay and Lesbian Human Rights Commission to reveal the violence and discrimination experienced by LGBT people in Asia and their efforts to fight for equality, safety and decriminalization. Elly Susana’s death, which occurred during an alleged raid by public order officers (Saptol PP), was widely covered by media.

LGBT Activism Under Attack in Surabaya, Indonesia

Part 2

By Grace Poore

Photo by Karen Liao, Common Language China

Staff members Grace Poore and Ging Cristobal of IGLHRC’s Asia & Pacific Program were in Surabaya, Indonesia for the ILGA Asia conference scheduled to begin in the East Java capital on Friday March 26 and run through the weekend to March 29 2010.

However, on March 24th as participants began arriving in preparation for the weekend’s activities, Indonesian police ordered the cancellation of the conference after anti-LGBT pressure from Islamist fundamentalist groups. Although conference participants moved to a new venue in Surabaya, they were tracked there and fundamentalist groups continued to threaten their safety with one of the groups occupying the hotel lobby for several days, starting on Muslim prayer day, Friday March 26th After many tense hours of negotiation and threats of violence, local activists were forced to leave the hotel and foreign attendees forced to disperse throughout Surabaya until they could leave Indonesia.

The 100 activists who made it to Surabaya, representing 100 organizations in 16 Asian countries are all currently safe.

Grace Poore documented her experience.

Go to Part 1: Police force activists to cancel the conference »

3/26/10 – Friday

Morning: The breakfast buffet is bustling. Ninety-nine percent of us are Asian, and you see our diverse faces, skin tones, hair textures. The atmosphere is light and even cheery. There is no hint of the doom and terror from last night’s security briefing. It’s surreal.

LGBT Activism Under Attack in Surabaya, Indonesia

Part 1

By Grace Poore

Photo by Ging Cristobal

Grace Poore and Ging Cristobal, staff members of the International Gay and Lesbian Human Rights Commission (IGLHRC) were in Surabaya, Indonesia for the International Lesbian and Gay Association (ILGA) Asia conference scheduled to begin in the East Java capital on March 26 and run through March 29, 2010.

One hundred and fifty activists representing one hundred organizations from sixteen Asian countries were scheduled to attend.  As participants began to arrive for the weekend’s activities, Indonesian police ordered the cancellation of the conference in response to pressure from Islamist fundamentalist groups. The conference hotel refused to permit the conference to proceed.  ILGA Asia found alternate venue, but fundamentalists tracked them there.  One of the groups occupied the hotel lobby for several days. After threats of violence and hours of negotiation, Indonesian activists were forced to leave the hotel and foreign attendees forced to disperse until they could leave Indonesia.

Grace Poore, Coordinator of IGLHRC’s Asia and Pacific Island Program, documented her experience.  This is the first part of her story.

3/23/10 – Tuesday

9:10 PM – I arrive at the Mercure Hotel to check-in and the front desk tells me that I only have a room for one night because the conference is not taking place at the hotel. They offer me complimentary lemon ice tea. I call Ging Cristobal, IGLHRC’s Project Coordinator for Asia and the Pacific Islands. She tells me that there has been a security threat to the hotel so the conference venue is being moved. We have to wait for more details.

Fundamentalism in Indonesia

A coalition of human rights groups is pushing for a judicial review of the new Indonesian Pornography Law, which was passed in November 2008. The coalition is being brought together by Yayasan Lembaga Bantuan Hukum Indonesia, the Indonesia Legal Aid Foundation—a well-known NGO that advocates for democracy, human rights and justice and has a broad-based constituency. It includes national groups Arus Pelangi and Ardhanary Institute, representing the LGBT community.

The new law allows for traditional expressions of culture but continues to define pornography very broadly as “as any picture, sketch, illustration, photo, writing, sound, audio, motion picture, animation, cartoon, lyrics, body movements, or other communication messages through various media communication and/or performance in public, which includes indecency or sexual exploitation and is against social morality.” The law also prohibits the creation, dissemination or broadcasting of pornography containing “deviant sexual intercourse,” which is defined to incorporate lesbian and gay sex.

The Pornography Law’s passage marked a major success for Islamist fundamentalists, who have been using Wahhabi (ultra conservative) interpretations of Syariah law to enforce a variety of other restrictive practices. These include the imposition of dress codes and nighttime curfews on women, the policing of women’s sexuality and intimate partner relationships, attempts to undermine sexual and reproductive health education for young people, inciting police violence against gender non-conforming people, and targeting lesbians and gay men for harassment and violence. The cumulative impact of these developments has been that activists have faced virulent homophobia and transphobia, and that less politicized members of the LGBT community have been driven back into the closet.

Indonesian press reports indicate that members of parliament who voted for the Law can now claim they support Islamic values. But those who pushed for passage of the Indonesia Pornography Law have other agendas beyond preventing exploitation of the vulnerable; they now have a tool to demonize and penalize people who choose to express their sexuality differently.

While recognizing that the pornography industry does harm people, particularly those who are already vulnerable, LGBT rights activists along with women’s rights activists and other human rights activists are concerned that Indonesia’s Pornography Law has chilling implications for Indonesian society, and its LGBT members in particular.

For instance:

1. Indonesia’s Pornography Law can be used against anyone who does not conform to conservative Muslim interpretations of “culturally acceptable” dress codes, behavior in public and private, as well as content and form of artistic expression, content of print/broadcast/electronic materials and educational literature.

2. Not having an anti-sodomy law in Indonesia has not stopped state officials, primarily civil police and religious police from using public order laws and anti-prostitution laws to harass and arrest LGBT people for being at the “wrong place at the wrong time.” The Pornography Law, which lists homosexuality as deviance now provides another reason for singling out people who do not conform to notions of “true Indonesian values.”

3. LGBT activists and LGBT groups, sexual health educators, and artists could be perceived as promoting pornographic lifestyles. They may be viewed as producing, distributing, or promoting pornographic materials through their literature, websites, film festivals, community events or Pride events.

4. NGOs could lose their licenses. Support services and community outreach could be negatively affected; outreach populations could be scared off. Funding and fundraising activities could diminish.

5. Certain advocacy activities on the basis of sexual orientation, gender identity, and gender expression could come under scrutiny and censure for “porno action” –the umbrella term for culturally offensive activities. These could be “legitimately” interrupted. LGBT groups could be forced by the authorities to turn in their records including email correspondence and other confidential and sensitive information to determine if they have contravened the Law. This kind of harassment is disruptive to the work of advocacy organizations and also has an intimidating effect.

6. While the law stipulates that community intervention cannot involve violence, there is potential for over-zealous interpretation of the law by religious and cultural vigilantes who may exercise their right to carry out moral “education” or re-education of non-normative people/groups, which may involve repeated reporting to authorities, intimidation, harassment, perhaps blackmail and/or violence. Since the law says that people who report to the authorities are offered legal protection, there could be poor accountability procedures.

7. Violating conditions of the Pornography law results in harsh penalties. For instance, violating Article 4 can result in one to 12 years in prison or a fine of 500 million to six billion rupiah—$42,500 to $510,000. This is having a chilling effect on LGBT people, including those engaged in legitimate advocacy work.

Where heteronormativity becomes the premise for rights associated with dignity, self-esteem, pluralism and non-discrimination, LGBT people not only face rights violations but also risk lack of redress and relief.

Grace Poore