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“Solidarity does not assume that our struggles are the same struggles, or that our pain is the same pain, or that our hope is for the same future.

Solidarity involves commitment, and work, as well as the recognition that even if we do not have the same feelings, or the same lives, or the same bodies, we do live on common ground.”Sara Ahmed

Photo: Japan Times

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RAINBOW OVER COVID-19SECURITIZING SEXUAL ORIENTATION, GENDER IDENTITY & EXPRESSION AND SEX CHARACTERISTICS (SOGIESC)

Joel Mark Barredo, Programme Director, SHAPE-SEA

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ESTABLISHING POSITIONALITIES

Feminist Inquiry: Reflexive identification and interrogation of our condition, identities, privileges and systems

Who Am I?

    • Gay Scholar, Human Rights Defender, Migrant Living in Thailand

What is my understanding of Human Rights?

What has been my lived experience of COVID-19 so far?

– Vaccinated, living in a High-Risk Country

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Strengthening Human Rights and Peace Research Education in ASEAN/Southeast Asia (SHAPE-SEA)

Overall Aim: To contribute to the improvement of the human rights and peace in ASEAN/ Southeast Asia through applied research, capacity building, policy advocacy and education.

It focuses on supporting research on innovative and critical projects on human rights and peace, and in exploring ways in which this knowledge is made accessible to university students throughout ASEAN/SEA through human rights and peace research education, and policy advocacy

Supported by the Swedish International Development Cooperation Agency (SIDA), and the Norwegian Centre for Human Rights (NCHR)

a collaboration program between ASEAN University Network-Human Rights Education Theme (AUN-HRE) and the Southeast Asian Human Rights Studies Network (SEAHRN)

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The Philosophy of Academic Activism

Conscientiously building a Critical Mass of Academic-Activists supporting the promotion, protection of human rights and building of peace

Paolo Freire’s Pedagogy of The Oppressed; Conscientizacao: learning to perceive social, political, and economic contradictions, and to take action against the oppressive elements of reality

Photo: Jenny Mackness

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WHAT IS SOGIESC?

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BOTTOMLINES

  • COVID-19 as the great unequalizer
  • Securitization of Societies have more severe impacts on the lives of marginalized peoples, including LGBTIQ communities
  • Members of the LGBTIQ communities in Southeast Asia constantly face a barrage of challenges and threats to their basic rights and freedoms
    • Systemic/Structural Barriers
    • Protracted Harmful Social Norms and Stereotypes
    • Lack of access to basic services (health, justice etc.)
    • Need to Shift to Substantial Equality to address SOGIESC issues during the pandemic and beyond.

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CONTEXT IN THE ASEAN REGION

  • Sexual Orientation, Gender Identity and Expression-SC (SOGIE) have always been considered as controversial and has never been taken up at the official/Formal ASEAN level
  • Socio-Political Scenario:
    • Authoritarianism
    • Right Wing Populism
    • Misogyny
    • Harmful Traditional Values and Beliefs
    • LGBTIQ Peoples are marginalised economically and socially in many parts of the region

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THE STORY OF SOGIESC IN SOUTHEAST ASIA

Acceptance

Right to Marriage/Civil Partnership (Thailand, Vietnam)

Tolerance

Anti-Discrimination (Philippines)

Active LGBTIQ CSOs (Thailand, Cambodia, Timor Leste, Philippines)

Criminalisaton

Shariah Law (Brunei and Aceh)

Same-sex activities (Myanmar, Malaysia, Singapore)

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THE STORY OF SOGIESC IN SOUTHEAST ASIA

Brunei Darussalam

“Homosexuality has long been a criminal offense in the country

“LGBT activism in the public sphere is non-existent in Brunei, and based on anecdotal reports the small community that does exist keeps itself well hidden

Cambodia

“curing” are not uncommon in Cambodia, where LGBT people are often seen as being mentally ill or as being possessed with “bad spirits; Some village chiefs have decided to issue marriage certificates to same-sex couples in cases where one of the couple is willing to identify as the opposite sex on the marriage certificate

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THE STORY OF SOGIESC IN SOUTHEAST ASIA

Indonesia

Religious Fundamentalism as the greatest threat to non-discrimination and equality amongst genders

Aceh: Criminalisation of Same Sex Activities

Lao PDR

CSO leader declared in 2015 that there are no LGBTI peoples in Lao PDR

Information is scarce and regulated about the state of LGBTIQA peoples in the country, same as any human rights related issue

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THE STORY OF SOGIESC IN SOUTHEAST ASIA

Malaysia

Homosexuality is criminalised by laws in Malaysia; Social perception: “In my Islamic Studies classes, the dos and don’ts in Islam (as we were taught) would constantly be drummed into our heads. Homosexuality was, of course, a big don’t.”

Myanmar

“People who have intercourse and are considered by law to be of the same sex can technically be charged under section 377 of the penal code, a piece of colonial-era legislation that criminalises ‘unnatural sex’.”

“The police see LGBT people, especially transgender people, as people they can abuse whenever they need money,

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THE STORY OF SOGIESC IN SOUTHEAST ASIA

Philippines

Sexual and Reproductive Health and Rights (SRHR) are facing tremendous opposition from government supported by the church

First Transgender Congresswoman was elected in 2016

Non-Discrimination Bill is being passed in Congress at the moment

Singapore

Homosexual Activities between two gay men is criminalised in Singapore;

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THE STORY OF SOGIESC IN SOUTHEAST ASIA

Thailand

LGBTIQs can be visible and are able to contribute to society. CSOs are vibrant in all parts of the country

Same Sex Marriage- A possibility

Religious actors still have strong opinions on the emergence of LGBTIQAs in Thailand

Timor Leste

Constitution, which is mainly based on UN human rights principles, promotes equality and non-discrimination

Consensual same-sex sexual conduct is not criminalized in Timor-Leste

Vietnam

Vietnam was hailed as a leader on gay rights in Southeast Asia after the country’s communist government abolished a ban on same-sex marriage in 2015

Vibrant LGBTIQ Civil Society

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COVID-19 SITUATION IN SOUTHEAST ASIA

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COVID-19 SITUATION: BEYOND THE NUMBERS

Public Health Emergency

Failing Governance of Societies

Disruption of Livelihood and Opportunities

Heightened Securitization

(Militarization/Unscientific approaches)

Protracted,

Harmful

Inequalities

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SOGIESC AMID COVID-19

  • There are no official data on the situation of LGBTIQ peoples affected by COVID-19
    • Targetted Responses are absent
    • Lack of basic services available (SRHR, Basic Sanitation)
    • Increased Stigmatization
  • Long-term loss of income and livelihood
  • Health consequences of the crisis situation
  • Access to critical medical services
  • Limited and restrictive funding grants for organizations

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INTERSECTIONAL INEQUALITIES

Increased Vulnerability

Educational attainment

Ethinicity

Labour Status

Citizenship Status

Access to Technology

Religious and Social Status

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INTERNAL AND EXTERNAL STRUGGLES

Increased Violence within the Household

Suppression by State of Queer Activists

Pressure to Survive from Restrictions

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AN OPPORTUNITY TO NORMALIZE ACCEPTANCE AND ELIMINATE NON-DISCRIMINATION AND VIOLENCE

Meaningful

Participation

Funding

Legal Reform

Disaggregated Data

And Inclusive Analysis

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A PARADIGM SHIFT FROM GENERAL EQUALITY TO SUBSTANTIVE EQUALITY

  • Substantive equality:
    • achieving equitable outcomes as well as equal opportunity, and the need to sometimes treat people differently to achieve equal results. It takes into account the effects of past discrimination, and recognises that rights, entitlements, opportunities and access are not equally distributed throughout society.
    • according to the broad context or realities of women’s disadvantages and the impact of these circumstances in terms of eliminating disadvantage in outcome or resul

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SHIFT FROM FORMAL EQUALITY TO SUBSTANTIVE EQUALITY AMID COVID-19 AND THE NEW NORMAL

  • Recognition of lived experiences and of multiple realities faced by individuals and groups
  • Setting norms and standards that addresses needs and eliminate current and potential harms
  • Paradigm shift from reactive to proactive, curative to preventive approaches
  • Is this possible in Southeast Asia?
    • Yes, and… it is State duty to protect the rights and freedoms of their peoples
    • Yes, but…
      • Social and Political willingness and acceptance of SOGIESC
      • Structural and cultural changes need to take place

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Joel Mark Barredo

SHAPE-SEA

Joel.shapesea@gmail.com

@beardedadvocate | @shape_sea

www.shapesea.com