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Advancing Legal and Social Equality in South Asia

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Advancing Legal and Social Equality in South Asia SALZBURG GLOBAL LGBT FORUM ADVANCING LEGAL AND SOCIAL EQUALITY IN SOUTH ASIA SALZBURG GLOBAL SEMINAR IS GRATEFUL TO THE FOLLOWING ORGANIZATIONS FOR THEIR SUPPORT OF THIS PROGRAM OF THE SALZBURG GLOBAL LGBT FORUM: WITH ADDITIONAL SUPPORT FROM: SALZBURG GLOBAL SEMINAR WOULD LIKE TO THANK ALL PARTICIPANTS FOR DONATING THEIR TIME AND EXPERTISE TO THIS PROGRAM. 3 ADVANCING LEGAL AND SOCIAL EQUALITY IN SOUTH ASIA FEBRUARY 24 TO MARCH 1, 2019 Session 611 FORUM FOUNDER & CHAIR RAPPORTEUR Klaus Mueller Nicole Bogart EDITOR Louise Hallman PHOTOS ProVision Photography 4 Advancing Legal and Social Equality in South Asia TABLE OF CONTENTS 5 Summary 7 Introduction 8 Bridging Divides: Key Themes And Discussion Points Section 377 Impact In India And South Asia Transgender Coalition Building In South Asia Cultural Heritage And Documenting Lived Experiences 11 Expanding Collaboration And Transforming Systems Reframing Lgbt Issues To Engage Society And Policymakers Leaving No One Behind Campaign And Project Proposals 13 Changing Hearts And Minds Life Stories Photographic Exhibitions LGBT Short Film Festival 15 Concluding Thoughts And Next Steps 17 Appendix Salzburg Global LGBT Forum Participants 2019 Salzburg Global Seminar Staff 5 SUMMARY In 2019, the Salzburg Global LGBT* Forum focused on the steps required to achieve full legal and social equality for all, regardless of sexual orientation, gender identity, gender expression, or intersex status. With an emphasis on how progress in South Asia could be accelerated and have a positive influence on developments in the rest of the world, the program sought to enhance Asia’s underrepresented role in global LGBT dialogues, and engaged individuals and institutions with the potential to create significant shifts in social attitudes and policy landscapes across the region. The program contributed to national and regional discussions on LGBT inclusion across the South Asian region by providing a platform for open policy dialogue and debate; creating an opportunity to highlight South Asia’s unique legal, religious, and cultural history of LGBT family and community inclusion with policymakers and international organizations active in the region; and by producing multimedia products that can help illustrate the critical importance of inclusive policies. In South Asia, several LGBT human rights issues are at a “tipping point” at which legal and/or social change could soon be possible. Gender recognition and decriminalization are two such legal tipping point issues for several countries. However even in places where legal progress on these fronts has been made (for example in Nepal, India, Bangladesh and Sri Lanka), social discrimination and violence often persist and serve to exclude LGBT individuals and their families from access to employment, health care, education and other services. Because of this, additional action is needed across South Asia to ensure full legal and social inclusion and recognition for gender and sexual minorities, with * LGBT: special attention to transgender and intersex communities. LESBIAN, GAY, BISEXUAL AND TRANSGENDER As has been the case in other regions, progress in individual countries We are using this on these issues could also have a positive influence on other countries term as it is widely in the region. Testimonies from the LGBT Forum’s work with Bhutanese recognized in many parts of the world, parliamentarians, Nepal’s Blue Diamond Society, our extensive network but we would not of Asian Fellows, and our wider global network including African, wish it to be read as European, Latin American and North American Fellows (many of whom in any way exclusive of other cultures, are working with or within governments) has shown that bringing groups or terms, together an internationally diverse group of human rights defenders of either historical or LGBT equality can multiply impact and spur positive change at critical contemporary. moments in the development of more inclusive policies. 6 Advancing Legal and Social Equality in South Asia 7 INTRODUCTION “Look for the rainbow in every crowd,” former Chief Justice Dipak Misra declared following India’s Supreme Court ruling to decriminalize homosexuality in September 2018. “Equality and liberty and this freedom can only be fulfilled when each one of us realizes the LGBT community has the same rights as other citizens.” The Indian court’s decision to strike down Section 377, a As with all Salzburg Global LGBT Forum meetings, the colonial-era law criminalizing same-sex relationships, is just gathering brought together a widely diverse group of human one example of the momentous advocacy work being done rights leaders spanning government, law, diplomacy, religion, by LGBT communities in South Asia; a region where many media and culture, and built on the explicit goal of the of these human rights issues are at tipping point. While a Forum to further develop a network of trust, where both region of diverse cultural and religious communities and Fellows’ professional expertise and their life experiences differing levels of economic development, the progress of are highly valued. Underlining that fundamental human legal and social rights for LGBT people in South Asia will rights concern us all, the Forum meeting connects queer and have a profound impact on the region at large and globally. straight leaders who represent gender and sexual orientation in different expressions, united by their passion to advance During the sixth gathering of the Salzburg Global LGBT LGBT equality globally. Forum – Advancing Legal and Social Equality in South Asia – more than 40 advocates from 17 countries met in Kathmandu, Despite – or rather thanks to – the intricate mix of Nepal, to discuss how to enhance Asia’s underrepresented nationalities, cultures and faiths represented at the Salzburg role in global LGBT dialogues, and engage individuals and Global LGBT Forum, boundaries of separation were broken institutions to create significant shifts in social attitudes and as participants vowed to learn from this collective strength policy landscapes across the region. Appropriately, Nepal is a and resilience. “We have much in common; but we also nation widely seen as a regional leader in progressive attitudes face different challenges, and live in different contexts,” on sexual orientation and gender identity in South Asia. The participants – now known as Fellows – were told. “Everyone significance of this was not lost on Forum participants, whose has something valuable to share.” calls for wider social acceptance and rights were amplified by a united energy of strength and leadership. 8 Advancing Legal and Social Equality in South Asia BRIDGING DIVIDES: KEY THEMES AND DISCUSSION POINTS SECTION 377 IMPACT IN INDIA AND SOUTH ASIA Why was the campaign to abolish Section 377 successful, and what can we learn from that? The decades-long fight to abolish Section 377 in India, a dimension of this struggle. Parents groups, such as Sweekar – colonial-era law which threatened imprisonment for those The Rainbow Parents, spoke out against the criminalization who engaged in “unnatural offences against the order of of their children. Indian Christian LGBT groups embarked nature,” began in 1991. Over the next 25 years, Section 377 on a roadshow to make the case for LGBT rights during would be challenged by the Delhi High Court, struck down, the fight for decriminalization, using personal stories to and, ultimately, reinstated by the Supreme Court. It wasn’t emphasize the impact of the law, while inter-faith conferences until September 2018 that the law would be abolished in a also sought to establish theological arguments in support of landmark ruling by India’s highest court. LGBT rights in other religions. The legacy of British colonization is still prevalent in many Although many conservative faith leaders did strongly and countries where similar laws obstruct the rights of LGBT publicly oppose decriminalization, participants agreed that citizens. The campaign against Section 377 is already religious campaigns are pivotal in garnering social acceptance, influencing the fight for decriminalization in Kenya and due to the prevalent role of religion in South Asian societies. Singapore, highlighting its importance as a case study. “We Participants called for stronger alliances with both religious must not forget the activism that goes along with any legal leaders and groups who support inclusive communities to battle,” one panelist noted during a discussion on Tipping help to appeal to the general population and to break down Point Issues of LGBT Equality in South Asia. “We should stereotypes within religious communities. be inspired by the resilience that happens when you persist.” Participants also agreed on the relevance of responsible Participants emphasized the relevance of the society-focused reporting of violence and prejudice against LGBT people, advocacy campaigns that both lead and follow legal rights particularly in countries where social stigma often leads battles in order to influence successful campaigns in other to further violence. A more diversified media approach is countries. LGBT organizations widely worked with writers, needed, with participants exploring and highlighting the filmmakers, photographers and journalists to share personal importance and relevance of positive stories of LGBT lives. and positive stories of LGBT lives and amplify the human 9 TRANSGENDER COALITION BUILDING IN SOUTH ASIA What are the global lessons to be learned from the region’s
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