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Discovering myself is the first milestone to love myself: Celebrating Intersex Awareness Day with Asa

Asa Senja (he/him) is an intersex activist with Intersex Asia. Asa was born twice: first as a baby girl, then again as a man over ten years after. To mark his metamorphosis, he changed his name to Asa Senja, which means hope at dusk. As the name implies, he constantly seeks new hopes after a tiring battle.

Do you mind sharing the moment you realised that you have intersex characteristics?

I was born with what are seemingly typical female sexual organs; hence I was raised as a girl. Until around ten years ago, my parents noticed that my voice was getting deeper, I didn’t develop breasts, and I didn’t have periods. Then my parents took me to have medical check-ups, including a chromosome test. The result indicates, instead of having female hormones like I thought I would have, my hormones and chromosomes are typical of males. With this result, my doctor concluded that I fit into one of the intersex conditions, for which at the time he used the term disorder of sexual development.

Many terms can refer to intersex people. In the medical world, the first term introduced was disorder of sexual development––which sounds unempathetic and pathologising. Later, some used differences of sex development. Some also used variations of sex characteristics. However, the umbrella term that’s being used widely is “intersex”. But at the end of the day, it depends on the intersex individuals themselves which term they want to use. As for me, I prefer the term “intersex male”.

What did the doctor suggest?

He suggested me to have a complete medical check to make sure which gender I more likely fit into. It was not a hard decision. My hormones, chromosomes, and psychological backgrounds are already leaning to a typical male character––note that back then I did believe in binary sex. So, being an intersex wasn’t an option, especially in Indonesia. Later, one of the doctors also recommended me to have surgery to “fix” my sexual organ to be more “appropriate” with the new gender I have.

Does anyone know about your condition – friends and other members of the family?

Most of them know, although not everyone can understand what’s happening. It’s hard to comprehend an intersex condition. Most people don’t think intersex people exist and might still be confused about why I changed my identity.

I feel that some people might think that I am a transexual. I feel that some consider me as a weird person and a sinner. Although I am still grateful that most of them still respect me as a human being and just don’t bother, unfortunately, the reason behind their acceptance is because of the pathologisation. They say that it’s as part of a “biological disorder”; hence it’s okay if intersex people change their gender identity to the “right one” to fit the binary sex and genderism.

As an intersex person, why is Intersex Awareness Day important to you?

Intersex people have been invisible. Therefore, October 26th marks the day of one of intersex communities’ efforts to reverse that invisibility. For me, it’s a reflection day. I want to remember my struggles surviving as an intersex person in the world full of sex binarism. It’s a day to ask myself what I can contribute to help other intersex fellows to strive, to help raise awareness so that at the very least society will know that we do exist, that they understand we are human, too.

According to you, how to raise people’s awareness to intersexuality in Indonesia?

I plan to create some publications about intersex in Indonesia. At the very least people can read it and be aware of us. Next step is by having more dialogues with healthcare professionals. They need to know that they don’t get to decide on what intersex people can do to their bodies. Healthcare professionals also need to know that it’s not always about biological conditions that matter; it’s also about our psychological aspect and the consideration on how we want to live our lives.

How did you become an advocate for intersex community?

After I discovered about myself being an intersex, I learned more about intersex people around the world. I found Hiker, one of the most vocal intersex activists in the world. I made contact with Hiker as s/he is one of my inspirations. Several years later, I got invited to the first Asian Intersex Forum in 2018. The first forum founded the Intersex Asia Network, a community for all intersex individuals and activists to support each other. There, I started to get involved and be more active to help raise awareness about intersex issues in Asia.

What inspires you to advocate for social change?

I think it was started from my inner aspiration to strive as an individual. Discovering myself as an intersex person, I am scared of rejection. In the world full of expectations based on sex and gender binarism, it’s hard not to hate me who doesn’t really fit into one of the binary boxes. But I realised that discovering myself is the first milestone to love myself; I need to know and accept me the way I am. This process from hating to loving oneself is one of the many struggles that some intersex people have. Knowing that it’s not only me who suffers from this process, I feel that I need to participate with other intersex activists who already started advocating for intersex people. All intersex activists around the world are my inspiration in advocating social change. 

What are some of the challenges you face in advocating for more inclusion of intersex people?

I think it’s the strong notion of sex and gender binarism in our society that affects our view of life and happiness. The idea that we are not good or valuable enough if we don’t choose either of the binary sexes and/or gender roles is toxic. This mindset is destructive to people’s well-being and could hamper anyone from loving themselves, and it’s not just for intersex people. We should love ourselves regardless of who we are.

Have you been involved in projects that focus on the inclusion of intersex people in humanitarian or development contexts? If so, what projects? What happened

So far, I’ve been participating in publication efforts for Intersex Asia. As for a project in a humanitarian context, I helped distribute financial help for impacted intersex individuals during this COVID-19 pandemic.

What are the ways that humanitarian and development organisations can support the inclusion of intersex people?

More publications and highlights about intersex issues so that more people around the world can learn and support the inclusion of intersex people. There is already so much support from humanitarian and development organisations, but I still believe that it’s never enough as long as intersex discrimination still exists.

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

I believe the initial yet essential change for intersex people should be visibility. With us being more visible, it would ignite more discussions which lead to better policies. I hope this would create a path where intersex people could gain respect, and of course, be loved.

End inequalities through inclusive policy: Celebrating Intersex Awareness Day with Esan Regmi

Esan Regmi (he/him) is an intersex activist working with Campaign for Change in Kathmandu, Nepal. Campaign for Change is Nepal’s first and only organisation led by and for intersex people. Esan Regmi is the co-founder and executive director of Campaign for Change.

As an intersex person, why is intersex awareness important to you?

LGBTIQ is an umbrella term for people who fall outside the binary of sex and gender norms. Their unity is based on the common life experience they share and also their desire to address their invisibility and eliminate human rights violations, discrimination and inequality they have and continue to face.

Having said so, not all intersex people like being clubbed into one category, as they feel their life experiences have a varying degree of differences from other sexual minority groups, though their experiences of discrimination, isolation,  shaming and bullying due to gender non-conformity might be comparable. Thus, the conflation of sexual orientation, gender identity, gender expression and intersex variation limits the scope of understanding and awareness of the unique challenges and difficulties of the intersex community.

Intersex is not a homogeneous classification as there are at least 40 different intersex variations known to science, and intersex people have different kinds of bodies as well as different identities and lived experiences. Intersex issues are extremely specific and require technical and medical knowledge. Ill-informed parents upon receiving advice from medical professionals decide for sex corrective surgery of intersex children without their consent in order to normalise the sex of the child, which can result in irreversible sex assignment and sterilisation. Thereby, the natural occurrence of their biological variation is seen as something to be “fixed”.  

Furthermore, underlying intersex traits may be diagnosed prenatally via prenatal genetic screening or at birth, at puberty, or later in life, for example when attempting to conceive a child. Many a times children who undergo sex corrective surgery feel trapped inside the wrong body as they start understanding their sexual preferences and inclinations. Therefore, it might be apt to say that intersex people have diverse sex characteristics.

Despite the unique problems and challenges of Intersex individuals that require meticulous focus, they are clubbed together with LGBT community. There is no knowledge or information on intersex issues in Nepal.

How did you become an LGBTIQ+ activist?

As one of the most progressive countries in South Asia, there are some positive steps towards LGBT rights in Nepal. Nepal has mentioned the phrase ‘gender and sexual minority’ in the constitution in article 18 (right to equality) and in article 42 (social justice). The phrase ‘gender identity’ is mentioned in article 12 (citizenship ID).

However, in response to Intersex issues, there is no legal provision in Nepal on any rights towards Intersex. Many of them are not able to disclose their identity in Nepal as people presume that as biological born rather than sexual orientation. Further, due to fear of community backlash or fears of how it might influence one’s social status, the family may be hesitant to disclose their child’s identity. A major problem is their identification, stigma, discrimination, and the changes in their orientation at their tender ages, and certificates which are very important in Nepal for any kind of work. Disclosure creates additional stigma and discrimination in communities and society as there is no understanding of intersex issues in Nepal among the public. The community people think that it is the curse of past life and they are not aware of the existence of intersex people in normal life. The community is never aware and there are no organizations to advocate for the Intersex issues in Nepal.

As an intersex person, I have faced and continue to face discrimination and stigma. This has been happening since my puberty age from school, society, from service providers and from the state. These challenges give me the power to work towards social change for the intersex people.  I try to change the mindset of the people at various levels of society including policy makers. Therefore, I started to share my experiences as an intersex person in different forums in 2011. In the beginning, I was not connected with other intersex people, so I did not know what exactly issues and challenges they have. A really supportive person within the mainstream LGBT organisation brought me into that mainstream LGBT organisation and encouraged me to raise intersex rights issues. At the same time,

I got the chance to attend big regional level LGBTI forums and intersex persons’ gathering as well. In 2016, I organised the 1st national intersex workshop to understand the issues from the ground level.  I raised intersex issues on UN mechanism CRC in 2016 and CEDAW in 2018. These committee made concluding observation on Intersex issues but Nepal government really not consider to implement it. I am continuously working for the rights of intersex people in Nepal.

What inspires you to advocate for social change?

The problems that haunted me every day and challenges and issues faced by intersex people after having cases and consultations.

How long have you been involved in this work?

Since 2011 I have been working actively for the community in Nepal and outside.

What are some of the challenges you face in advocating for more inclusion of intersex people? (generally, or within the LGBTIQ+ movement)

We face critical problems such as:

  1. Lack of knowledge
  2. Lack of resources
  3. Discrimination within the mainstream LGBT organisations
  4. No legal recognition to intersex people
  5. Tokenism in LGBT organisation
  6. No social acceptance of intersex people.

Have you been involved in projects that focus on the inclusion of LGBTIQ+ people in humanitarian or development contexts? If so, what projects? What happened?

I have not been involved in any humanitarian or development project. In 2018 I got the chance to attend [the Pride in the Humanitarian System (PiTHS) Consultation, facilitated by Edge Effect] a humanitarian program in Bangkok. After that program, Family Planning Association Nepal (supported by IPPF and Australian Aid) organized a 1-day program: “WORKSHOP ON NATIONAL LEVEL CONSULTATION MEETING ON INCLUSION OF LGBTIQ IN DISASTER CONTEXT”, on 13th September, 2018 in Kathmandu. I was part of the program and a member as intersex representative. But after leaving the mainstream LGBT organisation I was removed and have no idea what happened afterward with this. During this COVID-19 pandemic, some CSOs are supporting LGBT people through their organisation but not Intersex people.

We have supported intersex people from Intersex Asia through our organisation, Campaign for Change, with limited money but out of necessity.

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

There are many changes required for the community, but the priority would be respecting all diversities and end inequalities through inclusive policy.

What are ways humanitarian and development organisations can support the inclusion of intersex people?

We have very limited organisations in and around the world and we intersex human rights activists are working with very limited resources. Therefore, Intersex people should be included as much as possible in a participatory way, that is not tokenistic in their policies relating to humanitarian projects. Humanitarian and development organisations should treat us as an intersex organisation, not one more LGBT organisation. They must allocate funding opportunities for Intersex led organisation too. Humanitarian agencies should also consult with intersex-led organisations and intersex people to support and help intersex people on such kinds of disaster situations.

UNAIDS Outlook Report 2010

UNAIDs 2010 Outlook report provides a comprehensive overview of the global response to the ongoing HIV/AIDs crisis, It begins by presenting the reader with comparative graphs and diagrams to demonstrate international diversity in HIV/AIDs response. Special attention is paid to the political and economic context of HIV/Aids specific health-policy, as well as the widespread and politically embedded stigma of people living with HIV/AIDs. The report is comprised of interviews with varying HIV/AIDs experts and activists, and particularly highlights the prevention and treatment responses of the BRIC (Brazil, Russia, India, and China) countries up to 2009.

The report identifies the need for special consideration to the exclusion of the needs of marginalised groups in HIV/AIDs awareness, prevention and treatment. These groups include men who have sex with men (MSM), trans and third gender people, sex-workers, and drug users. Throughout the report, the authors highlight the lived-experiences of MSM and trans and third gender people, and how they cope with a reductionist approach to HIV/Aids treatment for marginalised communities. Interviews with trans-activists living with HIV/AIDs in Brazil foreground an analysis of the barriers to equitable HIV/AIDs prevention and treatment as a result of institutionalised homophobia and transphobia. The report highlights the voices of international activists working to dismantle homophobic and transphobic structural barriers to health and well-being. It calls for a vigorous appraisal of HIV/AIDs support complemented by increased visibility of diverse sexuality and gender identity through social transformation, and destigmatisation through early-education.

Safer and Stronger: Experiences of Refugee Women Resettled to the UK

This report by UNHCR presents the findings of a participatory assessment conducted by UNHCR with 143 resettled adult refugee women living in the UK. The aim of the assessment was to understand the needs and experiences of women refugees who have been resettled in the UK under the Vulnerable Persons Resettlement Scheme, Vulnerable CHildren’s Resettlement Scheme, and the Gateway Protection Programme (the Schemes). The report presents recommendations based on their findings that would strengthen the UK’s resettlement programme.

The report opens with a background on resettlement and the reasoning for focusing specifically on refugee women, a decision made due in part to the commitments under the Global Compact on Refugees (GCR). The report provides a methodological overview before moving into the findings.

The findings are presented in two broad sections: findings on experiences in country of asylum, and findings on experiences upon resettlement in the UK. Each section includes an overview of the findings, a discussion section, and recommendations for the UNHCR, IOM and other relevant institutions.

Towards the end of report a section on ‘specific groups’ discusses the unique needs and experiences of LGBTQI refugee women. A total of five women who identified as part of the LGBTQI community were interviewed. These women shared their experiences in countries of asylum–experiences that included multiple perpetrator rape, familial abandonment, and challenges in the UNHCR registration process for people whose gender differs from the one ascribed to them at birth–and experiences of resettlement. All women emphasised the negative psychological impact of their experiences in countries of origin and asylum, and noted their desire to and importance of connecting with the LGBTIQ community in the UK. Importantly, this cohort of interviewees noted that they would not be comfortable being resettled close to the community from their country of origin.

The report moves into discussions around other vulnerable groups before offering a conclusion. Recommendations are listed throughout the report.

Education for all: Exploring the imperative for inclusive WASH programming for diverse SOGIESC students and SDG 6

This Think Piece is by Anna Wiseman, one of Edge Effect’s interns. Anna is completing the final weeks of her Bachelor of Arts Honours in Politics and International Studies at the University of Melbourne. Edge Effect’s internship program provides university students with the opportunity to learn more about our work and gain work experience. As part of these internships, students are asked to write a Think Piece about an issue or area of particular interest: for Anna, this meant exploring the ways in which diverse SOGIESC inclusion is an imperative for the Sustainable Development Goals.

Imagine for a moment that you are a high school student. You realise you’ve gotten your period, and it’s heavy. You’re at school and you need some assistance. Perhaps this is the first time you’ve menstruated, or perhaps you were caught by surprise, and don’t have any sanitary products on hand.

Now imagine that none of your teachers knows how to help you–instead of helping you, they let you know that you are making them feel uncomfortable, that this is your problem.

This scenario, of course, has been told many times before. Indeed, it’s a scenario that is repeated around the world. The stigma associated with menstruation and the lack of adequate facilities and products to manage menstruation for girls in school is a well-documented issue. Perhaps you are thinking that yes, this is an issue, but there is already significant research underway and millions of dollars directed towards menstruation hygiene management (MHM) for women and girls globally. Maybe this is a problem that doesn’t seem so wicked. But what if I now told you to imagine that you are a trans student facing this scenario? That you haven’t come out to your teachers or to many of your peers. Getting your period at school has forced you to out yourself—and not on your own terms. The situation just got a bit more complicated, didn’t it?

Despite the millions of dollars directed towards gender equality and MHM programming, there is a significant gap in global research, responses and programming that go beyond the gender binary. This gap is both the cause and effect of a multiplicity of factors: lack of data, lack of specific funding, lack of staff capacity, laws that legalise discrimination, and gender norms that punish the diverse SOGIESC community are just a few of these drivers (and consequences!). These factors have an enormous impact on the lives of the diverse SOGIESC community. But this doesn’t have to be the case. With appropriate training, development practitioners engaged in water, sanitation and hygiene (WASH) initiatives and the education sector can learn to effectively handle such situations in a manner that is inclusive of all menstruators, whether they identify as girls, women, trans men, non-binary, intersex, genderqueer or agender.

Considering WASH needs for diverse SOGIESC communities within the education space

The particular vulnerabilities faced by girls and women when accessing WASH services is well documented by development organisations. The politics of toilets, trans students, and schools makes frequent appearances in western media. But non-binary/inclusive toilets in development practice?  There’s a gap. The Sustainable Development Goals (SDGs) acknowledge the overlapping and interlinkages between WASH, education and gender equality. Unfortunately, people with diverse SOGIESC are not mentioned anywhere within SDGs.

For instance, SDG 5 calls for gender equality but specifically does not mention people with diverse SOGIESC.  This has flow-on effects: SDG 4, on education, aims to provide ‘inclusive and equitable quality education’ while SDG 6, on WASH, aims to provide ‘clean water and sanitation for all’—yet neither of these goals mention people (or students) with diverse SOGIESC despite young people with diverse SOGIESC representing a particularly vulnerable population. The vast majority of gender and WASH research and practice continues to focus primarily on the experiences of girls and women—excluding girls and women (and others!) with diverse SOGIESC who also face significant challenges in accessing WASH services.  As a sector, we lack knowledge on the experiences of people with diverse gender identity and sex characteristics who menstruate in development contexts. This gap in knowledge has negative consequences for all people, but for students with diverse SOGIESC in particular. If the WASH needs of young people with diverse SOGIESC aren’t attended to, accomplishing SDG 4 becomes impossible.

So what are the WASH needs of people with diverse SOGIESC?

While existing research on diverse SOGIESC inclusion in WASH is limited, it suggests that trans men and other marginalised menstruators face significant challenges in accessing adequate WASH services. Physical and verbal abuse, expulsion from services, arrest by police and sexual assault are some of the challenges faced by people with diverse SOGIESC when accessing bathrooms. Trans men (and other menstruators who use male-designated toilets) face particular challenges when accessing male public bathrooms, which are not designed with MHM in mind. A lack of important services such as vending machines offering sanitary pads or tampons, and sanitary bins in bathroom cubicles to privately dispose of sanitary items are just some of these challenges. Mechanisms for MHM are often insufficient in ‘female’ public toilets—but the issue is compounded for trans men, who may have severely limited access to alternative safe spaces for MHM.

Development practitioners engaging in WASH, particularly in the education space, need to ensure that any response to these challenges takes the local context into account. And local context is important: while there has been a move in the west to create ‘gender neutral’ bathrooms, in some contexts ‘third gender toilets’ may be more appropriate. For example, a secondary school in Thailand added a third gender toilet alongside male and female toilets to provide a private space so transgender students could be free from harassment by cisgender students. Some transgender activists in India have also welcomed the idea of third-gender toilets as offering a safer space, as despite personal identification with male or female spaces, they are often harassed in these spaces. However, these responses aren’t without their limitations: in other contexts these third-gender toilets may be seen to further stigma, exclusion and prevent transgender individuals from accessing the bathroom with which they most identify. Moreover, in places where transgender or third-gender people face persecution, this visible solution would not be a viable or safe option.

 It is imperative that in determining what type of WASH infrastructure is most appropriate, development practitioners are knowledgeable about the experiences of people with diverse SOGIESC, not only the broad issues that they face but also the local context.

Context is everything: Implementing diverse SOGIESC inclusive WASH services in schools

A critical factor in accomplishing the SDGs for everyone is ensuring that projects that align with SDGs—such as WASH, education or broader gender equality work—are designed with youth with diverse SOGIESC in mind. For instance, project planners or implementation staff might be unaware that trans men may also require MHM services in bathrooms. Education projects need to aim to increase understanding around students with diverse SOGIESC, and empower teachers to engage in conversations around sexual and gender diversity—and to support menstruators of all gender identities and expressions.

It is imperative that these projects are not just inclusive, but are culturally and contextually appropriate. Projects and programs cannot simply be copied from one context to another without analysing the social and legal context. For example, while specific third-gender bathrooms may be appropriate in Nepal, which has legally recognised a third-gender, this measure would be ineffective or even dangerous in states that criminalise third-gender identities. Development practitioners need a better understanding not only of the unique needs of the diverse SOGIESC community in a specific context, but also the best ways of addressing these needs through practical measures.

Diverse SOGIESC inclusive WASH services in schools are not a panacea; they do not address the underlying social causes of discrimination and marginalisation. Nonetheless, inclusive intervention at the WASH/education nexus is particularly important due to the physical and psychological harm that can be inflicted on young people with diverse SOCIESC if inclusive WASH services are not provided. Research shows that students with diverse SOGIESC are far more likely than their peers to experience bullying at school and turn to drugs and alcohol as a means of coping. Access to an inclusive WASH environment in educational settings could have long lasting effects on students’ education: inclusive WASH means a reduction in bullying, which helps people of all gender identities and expressions to stay in school; it also means students won’t have to skip school just because they are menstruating. Staying in school has long-term impacts on employment prospects, economic security and, importantly, confidence and sense of security. Implementing diverse SOGIESC inclusive WASH services are therefore necessary to meet not only SDG 4 (quality education), SDG 5 (gender equality) and SDG 6 (clean water and sanitation) but also SDG 3 (good health and wellbeing), SDG 8 (decent work and economic growth) and SDG 10 (reduced inequalities).

Thinking back to our original hypothetical scenario, re-imagine yourself as this student. You realise you’re menstruating, and are filled with momentary panic. You don’t want to out yourself to your teacher, and you’re not ready to ask your classmates for help. You remember that your school has benefited from a diverse SOGIESC inclusive infrastructure project, and all toilet cubicles are now equipped with sanitary bins and you’re able to access a discrete sanitary product dispenser while using the toilet. You excuse yourself from class, and head to the toilet. You go about your business in a clean environment and emerge. Nobody asks questions, and your identity remains yours to share.

Implementing diverse SOGIESC inclusive WASH services in schools doesn’t combat all of the challenges students with diverse SOGIESC face, but it can support their safety and wellbeing at school. Inclusive WASH services are not a cure-all, but they are a critical step in the right direction towards meeting the SDGs and leaving no one behind.  

From Global Coordination to Local Strategies: A Practical Approach to Prevent, Address and Document Domestic Violence under COVID-19

This briefing note is result of a collaboration between MADRE, Media Matters for Women, MenEngage Alliance, Nobel Women’s Initiative, OutRight Action International, Women Enabled International, and Women’s International League for Peace and Freedom (WILPF) to consider practical approaches to prevent, address, and document domestic violence during COVID-19.

The note first outlines the specific challenges for domestic violence prevention and the ways in which the COVID-19 pandemic has exacerbated the drivers of violence while limiting accessibility of support services. The briefing note then moves into programmatic recommendations for local and national organisations that draw upon the collective expertise of numerous grassroots women’s organisations from around the world. These recommendations are specifically for socially distanced environments and include, for instance, bluetooth sharing, social media, and printed outreach materials.

Recommendations on preventing domestic violence; addressing domestic violence; and documenting domestic violence follow before a section of recommendations for governments, UN agencies and international organisations.

An intersectional approach is used throughout the briefing note, specifically drawing upon the work and experience of LGBTIQ+ organisations, using examples such as secure chat access for LGBTIQ+ youth in quarantine and in need of counselling; documenting whether survivors are members of the LGBTIQ+ community; and funding intersectionally relevant services that include tailored projects for LGBTIQ and gender non-conforming persons.

Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review

This report examines how the Universal Periodic Review (UPR) has influenced the protection of those with diverse SOGIESC and those who identify as LGBTI. The report focuses on three areas: 1) the content and level of acceptance of the UPR recommendations on sexual orientation, gender identity and expression and sex characteristics (SOGIESC) issues, 2) the involvement of civil society organisations (CSOs) in the UPR and 3) the influence of the UPR on international law that protects LGBTI persons.

The report begins with an introduction to the UPR and the principal challenges to the protection of people with diverse SOGIESC from a human rights perspective. Chapter two outlines the UPR recommendations relating to SOGIESC issues. Chapter three examines the involvement of CSOs in the UPR and the challenges limiting their engagement. Chapter four analyses how the international human rights framework has been influenced by the UPR. Chapter five provides a number of examples to highlight both success stories and examples of challenges in implementing UPR recommendations. The final chapter provides a series of recommendations on how best to uphold the work of the UPR and protect the rights of people with diverse SOGIESC or those who identify as LGBTI.

These recommendations are addressed individually to recommending states, states under review, civil society, legal professions and international legal organisations.

Creeping Criminalisation: Mapping of Indonesia’s National Laws and Regional Regulations That Violate Human Rights of Women and LGBTIQ People

This report examines the national laws and regional regulations in eight provinces in Indonesia that have an impact on the rights of women and LGBTIQ people. The report outlines the historical context, the legal process and proliferation of regional regulations across Indonesia relating to women and LGBTIQ people. International human rights law is also discussed as Indonesia has ratified multiple human rights treaties. The report highlights that there is no national anti-discrimination law which protects sexual orientation and gender identity (SOGI), or laws protecting against gender based discrimination in Indonesia.

The report presents the findings of a study which examined regional regulations which discriminate on the basis of gender and sexual orientation in the following eight provinces: Aceh, DKI Jakarta, East Kalimantan, Lampung, North Sumatera, South Sulawesi, South Sumatera and Yogyakarta. The study found that the regional regulations are not aligned with national laws, the Indonesian Constitution and the Pancasila. A continued growth of fundamentalist interpretations of Islam is considered a significant factor influencing the subordination of women and discrimination against same-sex attracted individuals in the regional provinces. A second key finding is that violence against women and LGBT individuals is not considered a crime in many regions and that the community is increasingly taking the law into their own hands, leading to the creation of a misogynistic and homophobic ‘moral police’. The third key finding is that there is a lack of knowledge in the regions of how to draft regulations, a lack of knowledge on gender equality and the principles of the Indonesian Constitution.

A series of case studies are examined in the report to demonstrate the influence of anti-LGBTIQ regional regulations on the LGBTIQ community. The report concludes with a series of recommendations for the district, national and international level, including the need to ensure that human rights, women’s rights and LGBTIQ rights are being protected across the regions and ensure that the national laws are not discriminatory and uphold Indonesia’s international obligations.

Human rights contestations: sexual orientation and gender identity

This academic article examines whether rights associated with sexual orientation and gender identity should be included within a human rights framework. It argues that human rights can be both a tool and a site of struggle and affirms that a reconceptualisation of human rights could ensure that they are more inclusive for vulnerable groups who are marginalised because of their diverse sexual orientation or gender identity.

The article argues that SOGI based human rights should be pursued because the primary actor targeting sexual and gender minorities are nation states.The different forms of push back and resistance from states to the inclusion of SOGI rights within a human rights framework are outlined at the beginning of the article. Normative critiques of human rights from cultural relativist and poststructuralist perspectives are discussed before the article suggests how to defend the existence of human rights and how best to include SOGI rights within a human rights framework.

The article argues that a key benefit of including SOGI rights within a human rights framework is that it can shift the human rights framework away from a protection of singular identity categories to a more fluid sense of multiple and shifting identities that intersect and influence one another. An anti-foundationalist reading of human rights is favoured by the author who argues that this is the most effective way of incorporating previously excluded populations into a human rights framework.

Not only the victims of disasters, but also victims of the system: Celebrating International Day for DRR with Rully Mallay

Rully Mallay (she/her) is a waria who has experience in environmental activism, disaster response, and other areas of diverse SOGIESC inclusion in Yogyakarta, Indonesia. Rully became involved in the waria community when she gave up her comfortable life in the city to live and work alongside the waria to learn how best to challenge their marginalisation through activism. Following the 2004 Aceh tsunami, Rully became part of the disaster response team, a roll she continued after the 2006 Yogyakarta earthquake. By living with waria communities, Rully learned about structural and systemic failures that have lead to the marginalisation of Indonesia’s waria, and offers unique insight into what ‘Good Governance’ means for diverse SOGIESC communities in disasters.

Tell us a bit about yourself?

Related to my gender identity and expression, I decided to be a waria since I was in middle school. I didn’t dress in women’s clothing fulltime yet; I only did that at home. Because of that, my mum used to take me to see a psychologist. When my dad found out about it, he expressed his disagreement. He was a Bugis. According to his culture, it’s normal for a boy being feminine. Some of my paternal family members were bissu (one of the five genders of the Bugis, encompassing all the other four). As a young person, I was very active. I was into vigorous physical exercises. I was even a pencak silat (traditional martial art) and karate athlete. I even won a gold medal at a PON (Pekan Olahraga Nasional, or National Games). So, realising that physical and psychological aspects are not always congruent. I think my mum understood that I couldn’t be changed. That’s why during the school’s farewell party, she allowed me to attend the party wearing a kebaya (traditional Indonesian blouse-dress worn by women). Since then, everyone knows I’m a waria – well back then people still used the term wadam (a compound word from “wanita, or woman; and “Adam”, the first man in the Holy Book). At school, I grew my hair long and never tucked in my shirt. Even when I worked as a teacher in Sumba from 1978 to 1987, I dressed femininely. 

How did you become an LGBTIQ+ activist?

I didn’t plan it; it happened naturally. When I served a member of district parliament in 1987 until 1993, I had a chance to study dance and music at Indonesia Institute of Arts, Yogyakarta. There, I had the opportunity to learn different perspectives on sexuality and gender. I became aware of the stigma, discrimination and stereotypes that are often attached to warias. I saw injustice towards marginalisedgroups, violence, neglect of their human rights. And then in 1993, I got involved in an NGO setting through a friend. First, I had a training on environment and disaster response from OISCA International in West Java – I ended up working for them for a few years. So actually, I started my activism in the environment. Then I decided to go back to Yogyakarta. I met fellow warias there. I was moved by their hard life. And then I decided to live like them and be with them full time. That’s how I got to understand what’s going on; what caused them to be marginalised and understood their struggle.

And then, the 2004 tsunami struck Aceh. With the support of friends I knew from past work, I went to Aceh as part of a disaster response team. After a little over a year, I went back to Yogyakarta, and not long after that, in 2006, an earthquake jolted the city. My friends and I helped build a public kitchen and relief posts for the victims. We also worked with the search and rescue team conducting disaster simulations. We all know there would be aftershocks and we need to be ready. That moment showed me that the warias are the ones who are affected the most. They are already struggling with their life due to the stigma. Their source of livelihoods, which is already very limited, are gone. Assistance during the disaster very often doesn’t reach them. That’s why the work we did Yogyakarta led me to work with issues experienced by the warias even more.

What inspires you to advocate for social change?

I have never thought of it. What I have done originates from my concern for the social situation where there is a systematic failure, a mix of the incapacity of the government and thuggery from both within and outside the waria communities which gives warias a bad reputation. Access to social services is very limited. So, when I lived with them, I busked with them and lived on the street, so then I could justify what they did to survive. I criticised government policies that are not in favour of minority groups, while I slowly build a stronger community; strengthening them in terms of organising and advocacy.

How long have you been involved in this work?

It depends on how far back we start counting. I think I would say I started focusing on LGBTIQ+ issues in 2006. But there are different timelines. For instance, in 1998 when I met the big names in the movement, such as Mami Vinolia from KEBAYA (Keluarga Besar Waria Yogyakarta, or Yogyakarta Transgender Family), Mbak (sister) Yuni, Mami Sinta, and Mbak Maryani. Immediately they became my discussion friends. Then in 2003, I started entering LGBTIQ+ communities in general, where I met even more people in the movement. But if we start counting from the time I fully transformed to be a waria, then it’s all the way back to 1978. Back then, I already talked to people about what is now called gender expression and identity.

What experience do you have working in disaster settings? (personal or professional)

The most recent is disaster response and management during the COVID-19 pandemic. My experience working on the tsunami Aceh and the earthquake in Yogyakarta, in addition to the training from OISCA, has helped me prepare for the pandemic. A few weeks after the government announced the large-scale social restriction, which was misinterpreted by the grass-root communities as a total lockdown, many warias were restless; in fact, everyone was. They were afraid they might die of hunger than of the virus if the restriction continued. Therefore, together with friends from various organisations, including religious ones, I set up a mechanism so that all assistance could be pooled in one place. We build public kitchens, distributed food and necessities, face masks and hand sanitiser, which were outrageously expensive. The solution to the exorbitant price is that we bought some sewing machines to produce our own face masks. We also conducted training on making our own hand sanitiser with the help of doctors and pharmacists.

What challenges did you face as an LGBTIQ+ activist in the DRR space?

The greatest challenge is to get strong and sustainable economic and social support. I am fortunate to have siblings that are supportive of my work. They often help me financially and psychologically. Another challenge is to change the system, which doesn’t accommodate the needs of the waria communities. Recently, we met with the government officials starting from the lowest level, such as the neighbourhood leaders up to the Regent to share what my friends and I have done. We hope that they could see what is still lacking and then collaborate with us to fix that.

The theme for International Day of DRR is good governance. What is a good and inclusive DRR governance for LGBTIQ + like to you?

This is related to the government’s poor population data collection. There are many ex-convicts, homeless people, warias and other minority groups who do not have access to a KTP (National ID card). The government must see this in the context of how to treat them as equal humans. This has an implication in data collection of disaster victims. There are so many other disaster victims who are more worthy of receiving assistance, but they cannot get it just because they do not have a KTP. In my opinion, these marginalised people are not only the victims of disasters but also victims of the system.

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

I want to see changes in government policies. In the case of DRR, assistance should be given equally to all victims. Nobody is omitted or receives more than what they deserve based on any background, whether it’s gender, sexuality or other identities.

What are ways humanitarian and development organisations can support the inclusion of LGBTIQ+ people in DRR planning and response?

It’s a shame that international NGOs and donors that have worked for so long in Indonesia, which participation is very significant in the development of minority groups in Indonesia, were forced to halt their strategic programs related to LGBTIQ+. In 2016, when the anti-LGBT sentiment arose, the Vice President of the Republic of Indonesia forbade them to continue any programs associated with LGBTIQ+. So, what these organisations could do now is invite us, include us, train us to be the mouthpiece for advocacy for minority groups, including LGBTIQ+ people. For example, they could train us in the legal aspects of human rights or train us to be paralegals so that we know how to defend ourselves. In relation to DRR, international organisations should actively involve us in disaster prevention & mitigation coordination activities.