Sabtu, 12 Maret 2016

Indonesia's obligation to protect the rights of all citizens

In recent weeks, the country has witnessed an alarming spike in rhetoric targeting lesbian, gay, bisexual and transgender (LGBT) people. From social media to mainstream news outlets to high-profile political personalities, anti-LGBT vitriol has blanketed the country.

Most disturbingly, this rhetoric has flowed from the highest authorities in the Indonesian government — the very individuals responsible for protecting the rights and safety of all citizens under the Constitution.

For example, on Feb. 23, Defense Minister Ryamizard Ryacudu called LGBT Indonesians a “threat” to the country more dangerous than nuclear warfare. On Feb. 15 Vice President Jusuf Kalla called on the UN to stop funding efforts to combat discrimination against LGBT people. On Jan. 24, chairman of the People’s Consultative Assembly (MPR) Zulkifli Hasan called for homosexuality to be banned, arguing that “it does not fit with the culture of Indonesia”. The Indonesian Psychiatrists’ Association recently classified homosexuality as a mental illness, defying broad, international scientific consensus rejecting such classifications.

Now House of Representatives Commission I overseeing information is pressuring the Communication and Information Ministry to draft a law banning websites that promote LGBT content. This move represents a disturbing escalation of the campaign against LGBT in Indonesia, moving from the realm of hateful rhetoric to concrete legislative action targeting a specific class of citizens and threatening the fundamental rights of citizens.

This is not only divisive but also dangerous. The outpouring of hate speech from right-wing leaders has coincided with threats of violence against LGBT people. Despite the insistence of some anti-LGBT figures that they do not aim to promote hate, it is clear that the climate that their words produce fosters widespread public discrimination and abuse.

A 2013 study by LGBT rights organization Arus Pelangi revealed that nearly 90 percent of Indonesian LGBT people have been subjected to psychological, physical, sexual, economic or cultural abuse. This is unacceptable, and we must speak out against it.

If our leaders pursue the legislation currently being drafted by the Communications and Information Ministry, they will invite more discrimination and attacks on LGBT people and will be actively failing in their duty to defend the rights of all Indonesians. At the most basic level, LGBT people are citizens of Indonesia and members of the global community and therefore deserve protection from all forms of
discrimination.

Internationally recognized rights to free expression and association must also be safeguarded. Legislation placing such unwarranted restrictions on what anyone is allowed to say publicly or post on the internet clearly contravenes these basic freedoms.

The UN has made it clear that all states have a legal obligation to protect the rights of LGBT people, based on the Universal Declaration of Human Rights. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) also includes provisions that apply to discrimination on the basis of sexual orientation and gender identity. In a 2010 speech on LGBT rights, UN Secretary-General Ban Ki-moon further clarified that, “where there is a tension between cultural attitudes and universal human rights, rights must carry the day.”

The hate speech from leading politicians and the accelerating efforts to deprive LGBT people of their rights do not reflect the kind of community that Indonesia has been historically or the one it should seek to be in the future. At its core, Indonesia is an inclusive society, which has welcomed and benefited from all types of diversity.

It was not so long ago that Indonesia was the site of an important milestone in the international community’s recognition of LGBT rights. At a meeting in Yogyakarta in 2006, a group of international human rights experts outlined a set of principles related to the treatment of LGBT people. These Yogyakarta Principles, as they came to be known, clearly demonstrated how international human rights law and standards apply to specific concerns that impact LGBT people. Moreover, they confirmed that governments must protect the rights of LGBT people, just like they would any other group.

We should not abandon the roots of tolerance that led to the creation of the Yogyakarta Principles. We must also recognize that our international obligations, as well as our own Constitution, demand a different course of action.

Instead of singling out LGBT people for criticism, we must recognize that these individuals are citizens of Indonesia eligible to equal protection before the law. The communications and information minister must uphold this position in his assessment of all measures that impact any minority groups, not only LGBT people.

In this case, rather than caving to pressure from Commission I, the minister must reject the push for hateful legislation, which runs counter to Indonesian tradition, international standards and basic human dignity. He should stand up for the most vulnerable in Indonesian society by putting a stop to this crusade against minority rights and freedom of expression.


- See more at: http://www.thejakartapost.com/news/2016/03/12/indonesia-s-obligation-protect-rights-all-citizens.html#sthash.a2FVPGeD.dpuf
In recent weeks, the country has witnessed an alarming spike in rhetoric targeting lesbian, gay, bisexual and transgender (LGBT) people. From social media to mainstream news outlets to high-profile political personalities, anti-LGBT vitriol has blanketed the country.

Most disturbingly, this rhetoric has flowed from the highest authorities in the Indonesian government — the very individuals responsible for protecting the rights and safety of all citizens under the Constitution.

For example, on Feb. 23, Defense Minister Ryamizard Ryacudu called LGBT Indonesians a “threat” to the country more dangerous than nuclear warfare. On Feb. 15 Vice President Jusuf Kalla called on the UN to stop funding efforts to combat discrimination against LGBT people. On Jan. 24, chairman of the People’s Consultative Assembly (MPR) Zulkifli Hasan called for homosexuality to be banned, arguing that “it does not fit with the culture of Indonesia”. The Indonesian Psychiatrists’ Association recently classified homosexuality as a mental illness, defying broad, international scientific consensus rejecting such classifications.

Now House of Representatives Commission I overseeing information is pressuring the Communication and Information Ministry to draft a law banning websites that promote LGBT content. This move represents a disturbing escalation of the campaign against LGBT in Indonesia, moving from the realm of hateful rhetoric to concrete legislative action targeting a specific class of citizens and threatening the fundamental rights of citizens.

This is not only divisive but also dangerous. The outpouring of hate speech from right-wing leaders has coincided with threats of violence against LGBT people. Despite the insistence of some anti-LGBT figures that they do not aim to promote hate, it is clear that the climate that their words produce fosters widespread public discrimination and abuse.

A 2013 study by LGBT rights organization Arus Pelangi revealed that nearly 90 percent of Indonesian LGBT people have been subjected to psychological, physical, sexual, economic or cultural abuse. This is unacceptable, and we must speak out against it.

If our leaders pursue the legislation currently being drafted by the Communications and Information Ministry, they will invite more discrimination and attacks on LGBT people and will be actively failing in their duty to defend the rights of all Indonesians. At the most basic level, LGBT people are citizens of Indonesia and members of the global community and therefore deserve protection from all forms of
discrimination.

Internationally recognized rights to free expression and association must also be safeguarded. Legislation placing such unwarranted restrictions on what anyone is allowed to say publicly or post on the internet clearly contravenes these basic freedoms.

The UN has made it clear that all states have a legal obligation to protect the rights of LGBT people, based on the Universal Declaration of Human Rights. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) also includes provisions that apply to discrimination on the basis of sexual orientation and gender identity. In a 2010 speech on LGBT rights, UN Secretary-General Ban Ki-moon further clarified that, “where there is a tension between cultural attitudes and universal human rights, rights must carry the day.”

The hate speech from leading politicians and the accelerating efforts to deprive LGBT people of their rights do not reflect the kind of community that Indonesia has been historically or the one it should seek to be in the future. At its core, Indonesia is an inclusive society, which has welcomed and benefited from all types of diversity.

It was not so long ago that Indonesia was the site of an important milestone in the international community’s recognition of LGBT rights. At a meeting in Yogyakarta in 2006, a group of international human rights experts outlined a set of principles related to the treatment of LGBT people. These Yogyakarta Principles, as they came to be known, clearly demonstrated how international human rights law and standards apply to specific concerns that impact LGBT people. Moreover, they confirmed that governments must protect the rights of LGBT people, just like they would any other group.

We should not abandon the roots of tolerance that led to the creation of the Yogyakarta Principles. We must also recognize that our international obligations, as well as our own Constitution, demand a different course of action.

Instead of singling out LGBT people for criticism, we must recognize that these individuals are citizens of Indonesia eligible to equal protection before the law. The communications and information minister must uphold this position in his assessment of all measures that impact any minority groups, not only LGBT people.

In this case, rather than caving to pressure from Commission I, the minister must reject the push for hateful legislation, which runs counter to Indonesian tradition, international standards and basic human dignity. He should stand up for the most vulnerable in Indonesian society by putting a stop to this crusade against minority rights and freedom of expression. - See more at: http://www.thejakartapost.com/news/2016/03/12/indonesia-s-obligation-protect-rights-all-citizens.html#sthash.a2FVPGeD.dpuf

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