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CEDAW in Defending the Human Rights of Lesbians, Bisexual Women and Transgenders in Malaysia

This academic paper considers the application of the Convention of Elimination of All forms of Discrimination Against Women (CEDAW) in defending the rights of lesbian, bi and trans people in Malaysia. The paper opens with a background on CEDAW and its evolution from a convention thought only to apply to cis-gender and ostensibly heterosexual women to one that has grown to encompass discrimination against lesbian, bi and trans individuals.

The paper considers Malaysia’s obligations under the dueling mandates of CEDAW and shariah law–which does not recognise the rights of people with diverse SOGIESC. The paper then moves into a discussion of the extreme interpretations used to police the bodies and sexuality of women in Malaysia and other sexual rights violations. The paper then puts the framework of CEDAW and Malaysia’s obligations under CEDAW, on top of these rights violations.

The paper then provides a background of the status of human rights related to diverse SOGIE in Malaysia, noting that laws and policies are increasingly discriminatory. Case studies are provided. The overall situation of the LGBT population in Malaysia is then discussed–the absence of official statistics on violence towards the LGBT population is highlighted. The following section specifically considers human rights violations of trans people in Malaysia. What little data exists on trans people in Malaysia is overwhelmingly focused on trans women–discrimination against trans men is often less visible and less researched.

Further human rights violations of the LGBT community are explored before case studies of persecution of people with diverse SOGIE by state and non-state actors are presented. The case studies consider, inter alia, the experiences of a trans woman who was orphaned at a young age; the right to choose a life partner; and asylum-seeking.

The final section describes Malaysia’s obligations under CEDAW and provides detailed recommendations to ensure the rights of women, in all their diversity, are protected.

Who can fight our struggles except ourselves? Interview with Mami Lolita

Mami Lolita (she/her) is a member of the waria community in Papua, Indonesia. Mami Lolita spends her days at Jayapura, the capital of Papua. Apart from volleyball and activism, she is writing two books, an autobiography called “Taburlah Abuku di Lautan Papua” (spread my ashes at the Papua Sea) and a book on community acceptance that she called “Melati Putih di Dahan Matoa” (Jasmine at the Matoa tree). Mami Lolita is also the chair of a majority-transgender volleyball club, Rombongan Jaman Milenial Volleyball Club (ROJALI VC). In early 2019, ROJALI VC organised the Rojali Cup I, an Indoor Volleyball Tournament. The tournament received positive public support and the Mayor of Papua addressed the event in person.

Tell us about your activism. What do you do?

Many people do not understand about waria. They doubt me because of my expression. So, I tell them that though I sometimes have beards, I have body hairs, I have a short haircut and I don’t put makeup on; I am still a waria. I will be upset if you call me Sir or Mister. I am much comfortable with Mami, again, because I am a waria

I am the chair of ROJALI and most of our members are waria. Our main focus is volleyball and over time we started to contribute to other social and environmental causes. We actively campaign to stop HIV & AIDS pandemic, we organise regular rubbish clean-up day, we organise regular education with the communities, we contributed our skills in sports and culture in various social events at Jayapura (ie. Independence Day, cultural march, International AIDS conference), we mobilised support for the victims of Sentani flood, and we contributed collectively to collective fundraising efforts to respond to different community crisis throughout the country. We are responsible for the nature that provides us with this space to live, so that is our community service. ROJALI a space for us, to get together and do something useful for the others.

What is your connection to Edge Effect? (what project / how are you involved?) 

I became aware of Edge Effect just last week [late August 2020]. I am one of the participants of the ASEAN Queer Leadership eXchange (AQLX) program organised by the ASEAN SOGIE Caucus where Anna facilitated a session on Queer Leadership, Advocacy & Response to Covid19 Pandemic and introduced us to Edge Effect and the 42 Degrees Library, a resource centre on SOGIESC inclusion for the humanitarian and development sector. 

What inspires you to advocate for social change? 

Our SOGIESC. Identities are not just heterosexual. It isn’t funny to see a trans person being harassed for their expression. We often still can’t practice our worship at the religious institutions. We are marginalised because of social constructs. Whomever we are, we are the same, so, why are there differences within the existing social construct? Why people should be treated differently because they are different? We have the same blood, bone and flesh. Aside from our skin colour and our expression, we are the same. Our clothes have no sex/ sex characteristics. The social construct, patriarchy does all that. I believe we are the same people with the same rights.  

I dream there will be a community representative at the legislative, as we are also a citizen who have the same rights to democracy. I also dream someday we will be working for the government institution without having to hide our existence as trans persons. They have to create those opportunities. We need to start questioning how many government officials are waria or living with disabilities or living in poverty? How many of us are given space to speak at social events? Does anyone take our data? Do they use our data to provide us with access to our rights as a citizen? 

Finally, stigma and discrimination also exist internally. Education is a crucial step. We need to start respecting ourselves before we gain respect from the others.

What is your experience with humanitarian disasters? 

During Sentani flash food in 2019, ROJALI organized four collective kitchen initiatives. We also distributed basic food items and mattresses. We provided support to the trans community, but most of it goes to the impacted communities. We were very thankful for being able to mobilize so much supports. We came with many trucks loaded with rice, matrasses, and various goods. 

For Covid-19 pandemic, some of us volunteered to teach children who cannot go to school because their parents do not have enough money to give them equipment and internet access to attend online classes. I expressed myself as I wish, no one judge my expression, and I feel safe. The children and the people there can see me beyond my expression, they can see the love that I am bringing with me. 

We also organize the U equals U (U=U) campaign to reduce the prevalence of HIV & AIDS pandemic where we continuously encourage the community to take their medicine regularly and implement a clean and healthy lifestyle. We pay attention to other human rights issues such as women, persons with disabilities and other marginalized communities.  

Through Indonesia had a backlash on LGBTIQ+ issue, the situation in Papua is very different. People are more accepting, but we still need to do our situational analysis to understand who our allies and enemies are. So, it isn’t about us being invisible, but we choose the right momentum to be visible.  

We also organize different community discussions. Such as digital security and I notice the community use social media in a much thoughtful way than before.  

We have reward and punishment policy. You get [fined] AUD 250 for outing/ gossiping other people’s health status, AUD 5 for smoking a cigarette during a volleyball match, AUD 50 for having a pack of cigarettes at the games. We also get some government funding support for activities. We use the money that we collect for donations when someone is sick/ have other needs and we give holiday allowance for Christmas/ Eid. 

How did you become involved in supporting LGBTIQ+ people in humanitarian contexts? 

As social beings, we need to be inclusive, not exclusive. Love transcends boundaries. Love has no gender identity, sexual orientation or expression. Love may transcend anything including differences, race, ethnicity, religions, etc. We support each other without expecting anything in return. Smile is the greatest gift that we get from sharing our loves. We start with rubbish clean-up and share our loves. There is no need to be selfish and exclusive in love. 

How long have you been involved in this work? 

ROJALI started on 15 September 2018, we started our rubbish clean-up late 2018 and the flash flood response in March 2019.  

What are some of the challenges you face in advocating for more inclusion in the humanitarian system? 

There are internal and external issues.  

Internally, motivation is crucial. There are many volleyball spaces. So, when they take part in our events, do they sincerely mean to gather and care for each other. If not, we always encourage them and remind them about the importance of being a family, to eat together, to support each other and to care for one another. We don’t do what we do to be famous or to increase our followers. We do what we do to remind each other the importance of love and to share that.  

Externally, this pandemic is been challenging. All salons are closed, and no one can do sex work. Some of us had to sell our stuff (AC, sofa, etc.) so we can afford food for each other. I could be selfish and pay for my food, but as family, we eat together, and we starve together. It’s very sad for me to think about this. We used our savings. 

Unlike other places, we have no ARV issues. We have enough ARV in stock and even those who are not originally from Papua who is stuck because of the [COVID-19] lock-down can access ARV with a transit card. However, those with no ID still face challenges. The population and civil registration office and the health insurance agency (BPJS Kesehatan) at Jayapura are committed to assuring that everyone has a valid government ID no matter where they are originally from. Yet, some of the community faced difficulties the fulfil the required paperwork from their hometown as some of their family do not want to help them. So, there is still a gap there. It’s fortunate for us to have stepfamilies, who share their logistics with us. They care for us. 

At the earlier days, we also lobbied the public decency police to unsealed two salons for not following the Covid19 protocol and our negotiation went well. Many of us also did not have enough money to pay rent. We lobbied the landlords to give some relief. Though now, many of us end up with piling up debts. The Vice Major of Jayapura facilitated us to meet with the financial service authority so we can take up loans. We also received support from the Social Affairs agency and the Jaringan Transgender Indonesia (JTID, Indonesia Transgender Network). 

No one solution that fits all, but at least we are a step forward. The pandemic connected us with our friends at different parts of Papua and Indonesia and we learned from each other’s situation. Everyone is impacted by this humanitarian crisis; we must support each other, and it does not have to be big stuff, sometimes an act of kindness like a hug is more than enough. 

If there was one change that you would like to see for LGBTIQ+ people, what would that change be? 

I imagine acceptance. All of us can accept ourselves and the social construct accept all of us so we are free on this land without and bullying or pressure. We can express ourselves and be ourselves in consideration of other people that we are sharing the space with.  

My teaching experience for children impacted by the pandemic is been the most amazing moments in my life. I come as a teacher, as a mother, as myself, without being judged of my expression.

How can humanitarian and development organisations support LGBTIQ+ inclusion? 

First, security. Never exploit and take advantage of our personal or organisational data. Always get consent before the use of our data.  

Second, make sure your work plan will reach the community. Bring your work plan from your organization to the community.  

Third, hire the community as your staff. Explore their interest and give them spaces to strengthen their expertise. Never employ someone who is not the community to work for the community. That is not right, who can fight our struggles except ourselves? 

Forth, international players need to ground themselves. Get information beyond the leaders so you will pass the ‘sweet’ stories. The community are best to speak their truths and realities. 

Fifth, we cannot separate Papua from the issue of racism. It’s a crucial underlying factor to take into account on determining our approaches to end stigma and discrimination. So, the intersectionality approach is crucial. 

Finally, as in our motto, let’s cultivate togetherness in diversity. Remember, action speaks louder than words.  

Who is “Queerer” and Deserves Resettlement?: Queer Asylum Seekers and Their Deservingness of Refugee Status in Turkey

This academic journal article looks at the implication of refugee status determination RSD) process for queer asylum seekers in Turkey. The article was developed out of fourteen months of field work and scrutinises the role of UNHCR in policing sexuality and gender identity of queer refugees, and in determining the ‘deservingness’ of different expressions of queerness.

The article opens with a background on RSD regimes and the shift towards including sexual orientation and gender identity as grounds for asylum. The article considers the ways asylum seekers with diverse SOGI are expected to perform their gender in western contexts. The article then points to the lack of literature around how UNHCR shapes queer asylum seek-procedures on a national level in transit countries such as Turkey.

The paper then provides a consideration of the ‘fake cases’ arguments, whereby asylum seekers are determined to be ‘faking’ their diverse SOGI based on certain criteria. This section presents interviews and specific case studies with queer asylum seekers on their experiences with ‘fake cases.’ The paper than moves into an overview of asylum-seeking processes in Turkey with a focus on how these steps shape queerness.

The paper then considers how gender identity must be performed in RSD interviews. The author points to several different contexts where homophobia has been made legal or illegal. The ways that RSD prioritises state persecution over family persecution is examined. The paper then considers third country resettlement, and the construction of a ‘deserving queer refugee’ within the context of Turkey (where refugee laws state that all refugees under international protection must be resettled to a third country).

The conclusion further considers the rhetoric of ‘fake cases’ and the construction of deservingness.

“Unnatural Offences” Obstacles to Justice in India Based on Sexual Orientation and Gender Identity

This 66-page report provides a detailed examination of the barriers faced by queer people in India when accessing the justice system. The report is based on research conducted in 2016 across nine cities in India in which 150 people were interviewed. Interviews were conducted with people who identified as gay, lesbian, bisexual, transgender and non-binary as well as lawyers and activists working to assist queer people to access the justice system.

Chapter one of the report introduces the context of international human rights law and discrimination and violence based on sexual orientation and gender identity in India. Chapter two highlights the most relevant national criminal laws affecting queer persons in India, including laws relating to gender recognition. In particular, the report focuses on section 377 of the Indian Penal Code. The case ‘National Legal Services Authority v. Union of India’ is discussed as a successful example as it afforded transgender persons the right to their chosen gender identity. Chapter three then examines how police violence and harassment against queer people severely limits their ability and willingness to access the justice system.

Chapter four describes the experiences of queer people within the courts and highlights the importance of queer persons accessing lawyers who are willing to represent them. Chapter five then outlines India’s international legal obligations to protect queer persons and assesses the extent to which they are currently being upheld. The report concludes with a list of 16 recommendations directed to the Indian Government to improve access to justice for queer people in India.

LBQ women and the need for specified activism in Kenya

This blog article considers the status of lesbian, bi and queer (LBQ) women in Kenya, the impacts of the existing LGBTQI movement, and the specific forms of activism needed to promote the rights of LBQ women. The blog opens with a brief background of homophobia in Kenya before looking at the existing LGBTQI movement and its impacts. The blog notes that the existing LGBTQI movement has prioritised gay men over other diverse SOGI identities–and that LBQ women are multiply marginalised as a result of their gender identity and sexual orientation.

The article then discusses LBQ women’s experiences of street harassment, verbal and physical abuse, and the disparities between Nairobi and coastal or other rural areas. The role of conservative Christianity and Islam is discussed, citing the hostility in Mombasa (a majority Muslim city) as evidence of law enforcement bias.

Patriarchy and its impacts on LBQ women is explored, specifically considering the experiences of LBQ women with ostracisation, education access and economic inequality. The issue of corrective rape is then discussed. Gerald Hayo, a member of advocacy organisation Rainbow Women of Kenya, says that families often organise corrective rape of young LBQ women. The intersecting nature of homophobia and patriarchy are discussed in this context.

The specific work needed to promote the rights of LBQ women and girls is then explored: sexual and reproductive health and rights (SRHR) and income generating projects are specifically identified. The acute lack of mental health resources is also discussed.

The article concludes by noting that homophobic legislation creates and perpetuates these inequalities and puts LBQ women in danger.

Queering Colombia’s Peace Process: A Case Study of LGBTI Inclusion

This capstone paper considers the experiences and role of Colombia’s LGBTI community in the peace process. The paper draws upon interviews with LGBTI activists in Bogotá conducted during an internship undertaken as part of the author’s master’s course and through the case study of a conference for LGBTI victim/survivors of the conflict.

As this is a capstone paper, the literature review and background very thorough, with a contextual framing of Colombia’s conflict, analytical framework and research methodology. The paper then moves into a consideration of interviews and the work of Colombia Diversa, a local LGBTI advocacy organisation.

Through these interviews, the extent of social prejudice and violence against the LGBTI community is revealed. Several interviewees pointed to specific transitional justice mechanisms –such as the 2011 Victims and Land Restitution Law–have supported women’s rights movements, but not LGBTI movements. The paper then considers the inclusion of LGBTI organisations in peace negotiations. The issue of urbanity vs rurality is explored, with specific attention to the violence and discrimination LGBTI people in rural areas face.

The author offers a reflection on their experience as a researcher within the conference and convening spaces. The paper offers a series of conclusions as well as recommendations for further research.

“Don’t Punish Me for Who I Am” Systemic Discrimination Against Transgender Women in Lebanon

This 2019 Human Rights Watch report provides a comprehensive overview of the discrimination against trans women in Lebanon. The report draws upon interviews with trans women as well as existing quantitative data. The report opens with a background on the social, legal and political context of Lebanon and the ways these contexts impact the lives of trans women. Topics such as domestic violence, street harassment and social stigma, and trans women refugees and asylum seekers are considered.

The report then looks at abuse and discrimination in the security sector: this section includes data and interviews with trans women discussing their experiences of violence at the hands of military and security forces in the streets, at check-points, and in detention centres.

The following section considers violence by non-state actors. This brief section focuses on impunity and the double vulnerability of trans women refugees and asylum seekers. The next sections consider domestic, non-conflict contexts: employment discrimination, access to health services, access to name and gender marker change, and Lebanon’s human rights obligations under treaties and international law.

A series of recommendations follows, as well as advocacy letters for various Lebanese government branches.

Overall, the report highlights that discrimination and violence comes from many sources, is widespread and on-going.

What do we know about conflict-related sexual violence against LGBT people in Colombia?

This brief report brings together evidence of unique types of CRSV against the LGBT population in Colombia during the armed conflict. The report found that all parties (paramilitaries and state security forces) perpetrated violence against LGBT people. The report presents evidence that this violence was systematic violence based on prejudice, and that the violence against the LGBT community had unique qualities.

The report found that violence was used to:

  1. Punish mainly gay men and trans women for ‘renouncing’ the privilege of masculinity
  2. Correct lesbian women with masculine gender expression and trans men, justifying violence as a ‘cure’
  3. Subordinate victims with the aim of reminding them that their bodies are ‘property’ of armed forces; and
  4. Instrumentalise LGBT bodies to terrorise the community

The report considers the intersecting factors the contributed to increased likelihood of CRSV, the longterm impacts of violence, and the failure of the state to uphold the rights of and respond to abuses of rights of LGBT people. The report concludes with victim/survivor demands for reparations and guarantees of safety.

Male and LGBT survivors of sexual violence in conflict situations: a realist review of health interventions in low-and middle-income countries

This paper is the first systematic review of medical, mental health and psychosocial support (MHPSS) interventions that aims to understand how existing interventions address (or do not address) male and LGBT survivors of CRSV. The review explores the gender differences in context, mechanisms and outcomes that underpin interventions addressing the health and psychosocial wellbeing of male and LGBT survivors. 

The review opens with a background on CRSV and existing knowledge before delving into the systematic review.

The review presents the methodology for systematic literature review as well as the results (quantitative). The review includes a systematic search of academic and grey literature to identify medical and MHPSS interventions that included men, boys and LGBT survivors. The authors then identified interventions specifically targeting women and girls that we used as comparators. A total of 26 evaluations of interventions for survivors of CRSV were identified. Nine studies included male survivors, twelve studies focussed exclusively on female survivors and one study targeted children and adolescents. The review found that no intervention evaluation focussed on LGBT survivors of CRSV.

The review then moves into ‘theory building’ for LGBT and male-targeted CRSV programs. A discussion of findings and implications follows. The review considers how gender norms impact resource-seeking behaviour.

The review concludes with the assertion that data generation is an imperative; and that filling this gap in CRSV literature and interventions is of immediate importance.

Rapid assessment of the impact of the COVID-19 pandemic on male survivors of sexual violence in Afghanistan

In June 2020, All Survivors Project and Youth Health and Development Organization in Afghanistan conducted a rapid assessment of the impact of COVID-19 on male survivors of CRSV in Afghanistan. YHDO conducted eight qualitative interviews with one YHDO outreach worker and seven male survivors of CRSV in three provinces of Afghanistan: Balkh, Kabul and Kandahar. CSRV includes bacha bazi, wherein wealthy older men buy and keep young boys for entertainment, often including sexual assault and abuse. Interviewees were asked about the impact of COVID-19 on male survivors’ access to livelihoods and health services, and on their experiences of violence.

The research found that men experienced CRSV before and during the COVID-19 pandemic, but the COVID-19 pandemic has brought new vulnerabilities. Survivors described the experiences of friends and other survivors in their communities. Although the results of the rapid assessment are not representative of the experiences of all male survivors in the three sampled provinces, nor in other parts of the country, they do highlight concerning findings about the increased vulnerability experienced by male survivors of sexual violence
during the COVID-19 pandemic.

The assessment highlights concerning findings about the increased vulnerability experienced by male survivors of sexual violence during the COVID-19 pandemic:

– Sexual violence against men and boys occurred prior to the COVID-19 pandemic, but male survivors are now experiencing new vulnerabilities;
– Male survivors had limited access to health services before the COVID-19 pandemic – this has been exacerbated and is linked to multiple negative health outcomes;
– Reduction in risks for some male survivors of sexual violence during COVID-19 underscores the need for ongoing and targeted health and protection services which could shrink due to the pandemic.

The brief report concludes with recommendations.