Respecting sexual orientation and gender diversity

Lesbian, gay, bisexual and transgender people commonly face discrimination, marginalisation, harassment and humiliation, Yosep Adi Prasetyo, a member of Indonesia’s human rights commission, told a conference in Jakarta earlier this month.

“Under the Constitution the government must protect all citizens, so why do they still suffer ill-treatment in this country?,” Yosep asked, citing cases of homosexual couples who were arrested and victimised by police in Banda Aceh.

“They were instructed by local police to remove their clothing, or worse, they were ordered to re-enact their sexual activities in front of officers, who were mocking them,” he said.

Yosep nominated three areas for government improvement: respect, protection and fulfillment.

"Respect means the government must enforce the law to stop discrimination and violence by authorities, and protection means the government must take action to prevent ill-treatment by non-state actors.

“Fulfillment means the government must guarantee the rights of lesbian, gay, bisexual and transgender people by allocating resources to understand the issue in government agencies.”

Like the Indonesian Human Rights Commission, a number of other member institutions of the Asia Pacific Forum (APF) have taken positive steps to address issues of sexual orientation and gender identity at a national level (see examples below).

Some have investigated and resolved complaints from individuals and groups; others have advocated for changes to national laws and sought to build greater community understanding.

However, early next year nine APF member institutions will meet in Indonesia to begin planning a common regional approach to address human rights issues relating to sexual orientation and gender identity.

The basis for the discussions will be the Yogyakarta Principles, developed in 2006 by a group of leading international experts, which spell out the obligations of countries under international human rights law.

The Principles also make additional recommendations which are directed to a range of international, regional and national organisations, including national human rights institutions (NHRIs):

National human rights institutions promote respect for these Principles by State and non-State actors and integrate into their work the promotion and protection of the human rights of persons of diverse sexual orientations or gender identities.

The APF workshop will provide an opportunity for member institutions that have been most active on these issues to discuss their past and present work and help develop a regional strategy for NHRIs to promote and implement the Yogyakarta Principles in the Asia Pacific.

A proposed strategy will then be presented for discussion and adoption at the APF’s 14th Annual Meeting, to be held in Jordan in the second half of 2009.

The APF workshop will include three of the international experts involved in the development of the Yogyakarta Principles: Professor Vitit Muntarbhorn, from Thailand; Ms Sonia Onufer Correa from Brazil; and Mr John Fisher, from Canada.

Examples of recent projects and positions taken by APF member institutions include:

Australian Human Rights Commission

• Currently undertaking the Sex Files project, looking at the legal recognition of sex and the ability of people who are sex and gender diverse to amend their documents and records.
• ‘Same Sex: Same Benefits’ (2007), <>; report of the national inquiry into discrimination against people in same-sex relationships in relation to financial and work-related entitlements and benefits

National Human Rights Commission of India

• In October the Commission’s Chairman publicly supported the decriminalisation of homosexuality; the Indian Penal Code terms homosexual acts an offence under Section 377, which provides for punishment up to life imprisonment.

New Zealand Human Rights Commission

• ‘ To be who I am’ (2008), report of the national inquiry examining the experiences of transgender people