The Right to Sexuality

factfile 39—43 editorial 2—4 Legal Frameworks Around the monitoring countries and Right to Sexuality Reaffirming the Right regional activities 25—33 to Sexuality editorial and Decriminalising the Right to production team 44 Love: An Indian Success spotlight 5—20 The Internet and Our Mind The Gap: Trans Sexualities: The Need for an published by Intersectionality, Identities, Inclusive Internet / What the Rights Reform in Uruguay the asian-pacific resource and and Institutions Internet Means to Us / Queer research centre for women Muslim Movement - Building The Question of Gender (arrow) Lost in Words: Navigating Through Stories and Sexuality in Pakistan the Terminology of LGBT Brunei: A Reflection on the Criminalising Choice: in our own words 21—25 Ongoing Saga Case Studies from Gujarat Invisibility and Erasure Recognising the Rights of published with the funding The LGBTQI+ Experience Within LGBTIQ Adolescents to Sexual and support of in Fiji Communities: An Reproductive Health Interview with Rima Information and Services Aurat March: Honour, and Athar the Violent Control of Women’s Bodies Making Space for Sexual resources from the arrow Rights Within the Religious srhr knowledge sharing Dynamics Around the Sphere: Islam and Sexual centre 34—36 Provision of Comprehensive Rights: Insisting that Youth arrow receives institutional Sexuality Education (CSE): Walk on the Tightrope of other resources 37 support from the Ford Foundation Insights from the South Asian Ignorance / Hinduism and and the Foundation for a Just Region Sexual Rights definitions 37—38 Society 2 arrow for change | vol. 25 no. 1 2019 editorial

By Chayanika Shah REAFFIRMING THE RIGHT Member of LABIA - A Queer Feminist LBT Collective in Mumbai TO SEXUALITY Email: [email protected]

Sexuality is an intensely personal, in what manner. One indicator that has Work done over the years has helped dynamic, and individual experience, been chosen globally is of the rights understand the ways in which lives of which is also a central and defining of those who are excluded from most the marginalised have been controlled aspect of being human. The WHO working discourses. Women, young people and and their liberties and rights violated definition of sexual rights states that adolescents, and LGBTIQ+ people are differently across cultures and times and all persons should have the right to the seen as the outliers in different ways in people. This in turn indicates how the highest standard of health in relation to most countries. normative is constructed, though this is sexuality which includes access to SRH clearly not the same across different services; to seek, receive and impart Usually any assertion of the parts of the world. The predominant information in relation to sexuality; normative, however, is of a binary right of sexuality for any sexuality education; respect for bodily gendered heterosexually oriented integrity; choice of partner; to decide individual from their location system maintained through cultural, to be sexually active or not; consensual is immediately confronted with social, religious, legal, and economic sexual relations; consensual marriage; to debates of culture and tradition practices that are a product of a complex, decide whether or not and when to have and even religion. hierarchical structure. children; and to pursue a satisfying, safe and pleasurable sexual life.1 However, Usually any assertion of the right of the right to sexuality also remains one of In this editorial, instead of doing an sexuality for any individual from their the most hotly contested topics globally overview of access to the right of location is immediately confronted with because sexuality is shaped, realised, sexuality across the globe, I shall debates of culture and tradition and and moulded by the socio-cultural and endeavour to critically look at this even religion. These debates happen economic environments. paradigm of evaluating the right to everywhere, from the intimate space of sexuality. I argue that while speaking the family to the modern international This discourse around sexuality, which of access to sexuality is important, platforms like the United Nations that goes beyond an individual’s felt bodily the critique needs to go beyond this. attempt to create a global discourse on desire, began in the mid-20th century Inclusions of different realities ought to human rights of individuals and groups primarily through the feminist movements change and modify existing frameworks of people. When it is the international and LGBTQIA+ struggles in different parts and meanings of gender and sexuality. fora, the cultures and religions of nations of the world and their new articulations I argue that true inclusion and access are invoked, and if the debate is at the around the social construction of demand that systems change from within national level, local communities and their gender and sexuality. In more recent to help realise a broader vision of the practices are mentioned. In homes and years, experiences of trans persons right to sexuality. familial contexts while the debate is about and of people with disabilities have tradition and culture, it is couched in the opened a more complex and nuanced Sexuality Rights and language of familial honour and dignity. understanding of both social construction Homonationalism. As the human rights and bodily experience. discourse developed across the globe, Globally, this discussion has moved in the violation of choices was seen as a ways that condone the hegemony of the Sexuality is about individual choices as basic violation of human dignity and market and global capital. Societies that well as about the social milieu in which the existence of the person. The initial apparently seem to abide by a certain this individual right can be imagined, understanding of denial of the right to discourse of freedom for individual realised, and lived. Since the imagination sexuality came more from the context of personal choices are seen as “liberal” of the normative of sexuality is varied the violation of rights of those that seem and hence liberating, while others that across the world, one way to discuss it to find no space in the normative seemingly subsume the individual within would be to map the trends of how rights discourse, usually women, younger the narrative of the collective are seen as for all people are being achieved and people, and the LGBTQIA+ people. controlling and assumed to be non-liberal 3 editorial arrow for change | vol. 25 no. 1 2019

and regressive. The reality of the right come under attack. Long struggles for It is ironic that when all democratic rights to sexuality is, however, more complex access to safe abortions, for recognition of freedom of expression have seen a than these simplified binaries. This easy of marital rape, against early and child regression, judicial pronouncements on generalisation does not do justice to marriages, for the right to choose one’s trans persons rights and against anti- the complexity of societies and their partner – are not moving forward. sodomy legislation seem to be the only practices. Yet this has today become the These basic demands around the right positive achievements around gender and way in which sexuality and the right to it to sexuality of women and girls are not sexuality.5 These pronouncements, at a or around it is understood. being addressed. In fact through the time when the country has moved many diktats of informal law making bodies steps backward in many other freedoms, This is what Jasbir Puar calls like the caste panchayat and the jamaat, make one wonder how these laws will homonationalism, “an analytic category the communities are introducing more ever get implemented. deployed to understand and historicise mechanisms to control women’s sexuality how and why a nation’s status as “gay- by going against the laws of democracies. In this scenario can countries like India friendly” has become desirable in the first and USA be considered progressive place.”2 She goes on to say that we may At the same time, international politics in terms of the right to sexuality? The resist and resignify homonationalism as are being played on the right to sexuality. problem is that the discourse is shifting. A we did modernity, but it is an analytic Countries like the USA try to establish liberal assimilative inclusion of LGBTIQ+ which operates in today’s time. In Puar’s their understanding of liberal politics people is seen as the most progressive words, “(Homonationalism is) a facet of of the right to sexual choice for women step towards realising the right to modernity and a historical shift marked by in other countries, while continuously sexuality. However, that is hardly a ‘real’ the entrance of (some) homosexual bodies denying women’s right to abortion, which access to rights around sexuality. as worthy of protection by nation-states, a is but a first step towards making any constitutive and fundamental reorientation real choice without the fear of unwanted Assimilative Inclusion is not of the relationship between the state, pregnancies within their own. It is also enough. The right to sexuality is also capitalism, and sexuality.” ironic that while the USA labels itself as about creating an environment in which liberal because of assimilation of some various other rights are protected Within this dominant framework the gay people by granting them a few rights so that this right is guaranteed. The right to sexuality gets consigned to the through marriage, there is a simultaneous understanding of the right itself has to domain of the personal, allowing the increase in violence against Black and be more expansive. Without questioning public to remain as normative as they Latin trans citizens and actual rollback of the social structure which maintains could possibly be, not only in matters of rights for transgender people under the the myth of the normative, all that can gender and sexuality, but in matters of present regime.3 happen is an inclusion of the margins into other social dominances like caste, race, the mainstream structure. This inclusion religion, disability, region and nation as A liberal assimilative inclusion is in a way that their lives and choices well. This is also reflected in another shift are tailored to suit the larger fabric. that is perceptible in the global market of LGBTIQ+ people is seen as the This further curbs the ways in which economy pervading the world. National most progressive step towards sexuality itself is understood in society governments are moving towards right realising the right to sexuality. and undermines the possibilities of human wing ideologies in different democratic However, that is hardly a ‘real’ expression itself. In fact, voices of those nations across the world. This means a from the margins show and visibilise much access to rights around sexuality. rise of cultural nationalisms and loss of that has been ignored or supressed. Every space for democratic and human rights margin shows newer ways in which the for many marginalised populations. This In a country like India, the impact of the centre gets constructed and is maintained. trend has been noticed in almost all last democratically elected government, It shows the complicity of the individuals, recent democratic elections in Asia, South led by a conservative nationalist party, has the systems, and the structures in America, and Europe. meant a curtailment of various freedoms normalising, and thereby naturalising the of expression. This is seen through man-made societal structure. An attempt When other rights are compromised, India’s falling global rank in journalistic to include these perspectives enriches the it is obvious that the conditions that freedom. At the same time there is imagination of the right to sexuality and enable the assertion and realisation of increased surveillance on social media and also helps revision other human rights as a comprehensive right to sexuality also incarceration of human rights defenders.4 well. 4 arrow for change | vol. 25 no. 1 2019 editorial

Sex workers rights organisations in consensual sex regardless of marital will result in curbing the rich, diverse, different parts of the globe exposed the status; to freedom from violence, and extremely personal and dynamic misogynistic, exploitative world order including that of coerced sex; to experience of the individual. in which by naming sexual labour as privacy; to self-identification; to life; exploitation, the very exploitation of and to information and access to sexual It is pertinent to ask how the social such labour could never be addressed. reproductive health and rights services. order should be structured so that the They highlighted the place of women’s The right to self-determination is invoked richness of experience of all individuals labour in the labour market and the only in the context of the non-normative. is retained. The answer seems to be sexualised and gendered nature of this It marks them as different, possibly same as for any human right—individual engagement. They also connected the uncommon, abnormal, unnatural. Instead, realisation of rights is possible only if similar constraints in sex work and the self-determination should be encouraged there is a constitutional ethics of relating other kinds of labour, including domestic for everybody without assuming that they with others. Continuous collective efforts labour. The most stark and crucial are actively exercising their choice. towards structural equity and justice are lessons are around sex itself. Sex workers required for this ethics to prevail and experiences indicate that all sex is finally The creation of any normative, societal structures have to be malleable a transaction often couched in the name to accommodate epistemes of the however, especially in the of love, caring, and duty, but sometimes margins for real inclusion. also done in exchange for status, material domain of the personal around comforts, and money. Sex workers show sexuality, will result in curbing how negotiation is done across power the rich, diverse, and extremely lines as they navigate their lives in sexual personal and dynamic Notes & References transactions that they choose, but which are under the surveillance of the law, the experience of the individual. 1. World Health Organization (WHO). (2009). Gender and Reproductive Rights Glossary. Retrieved April 16th 2019. police, and the thugs. 2. Puar, Jasbir (2013). Rethinking Homonationalism. Int. J. Where marriage is critical to be able to Middle East Stud. 45 (336-9). 3. “Into mid-June of 2019, 10 murders of trans Americans have The right to sexuality can be interpreted have any kind of space for expression been reported, all women of color.” as quoted in the website as the right of sex workers to determine of sexuality, it is difficult to determine https://www.advocate.com/transgender/2019/5/22/these- are-trans-people-killed-2019#media-gallery-media-0. Besides their work conditions in a society that those who enter the institution this direct violence, many policies for transgender students supportive in actualising these, under of marriage do so with free, full, and like use of toilets of choice for students, no discrimination in providing medical health care have been revoked by the present the rubric of individual choice. The right informed consent. Since the institution administration. “Trump Administration Proposes Rollback of to sexuality for all people will, however, privileges the man, the rights of the Transgender Protections” published on May 24th, 2019 in the be enriched if the understanding of woman in this heterosexual marriage New York Times. https://www.nytimes.com/2019/05/24/ us/politics/donald-trump-transgender-protections.html (All transactional sex and gendered labour are matters of concern. However, unless accessed on 21st june 2019). that emerges from their work is the men also think of a responsible 4. There are many press reports on incidents of violence in the last five years of rule by the right wing majoritarian extended to our notions of family, to our and respectful sexual relationship even government but am referencing here two internationally understanding of domestic, affective, within marriage, can there be any other recognised reports. The first is the 180 countries annual analysis released by Reporters without borders. India’s rank in the care, reproductive, and sexual labour envisioning of masculinity? world press freedom index has dropped from 105 to 140 in traditionally done by women and made the last decade as can be seen from the https://en.wikipedia. org/wiki/Press_Freedom_Index#cite_note-13. The other is the central to our imagination of labour itself. In Conclusion. The right to sexuality annual International Religious Freedom Report released by the This would lead to a re-imagination of essentially challenges many established US state department. Its recently released 2019 report says society and an expansion of the right to social and economic structures of diverse that religious freedom is under attack in recent years. https:// countercurrents.org/2019/06/attacks-against-minorities-by- sexuality. societies. Ways of living sexual and hindu-extremist-groups-continue-in-india-us-report. intimate lives are different and diverse 5. I refer here to the two landmark judgements of the Supreme Court of India. On April 15, 2014 in National Legal Services Another way to expand the notion of across the globe. And yet in any local Authority v. Union of India the court guaranteed all persons the the right to sexuality and its meaning for context there are norms around living right to self identify their gender and full access to citizenship rights in their gender. The full judgement can be accessed society at large, is to look at other rights of personal lives which get linked to at http://supremecourtofindia.nic.in/outtoday/wc40012. that intertwine with it from the points of sexual norms. These norms are explained pdf. On 6 September 2018, the Supreme Court of India ruled that criminalising consensual homosexual sex between adults view of those who apparently belong as essential to a sense of order in was unconstitutional, “irrational, indefensible and manifestly to the normative system: the rights the community. The creation of any arbitrary” and thereby ended a long legal battle against Section to choice of partner; to free, full, and normative, however, especially in the 377, the anti sodomy colonial law. https://www.sci.gov.in/ supremecourt/2016/14961/14961_2016_Judgement_06- Sep- informed consent; to engage in domain of the personal around sexuality, 2018.pdf. 5 editorialspotlight arrow for change | vol. 25 no. 1 2019

By Evelynne Gomez INTERSECTIONALITY, Programme Officer, ARROW IDENTITIES, AND INSTITUTIONS Email: [email protected]

The decision on how people choose to Interestingly, laws surrounding human rights for LGBTIQ+ people is assert their sexuality, be it romantically, gender identity in the Global barely provided for in the first place, not sexually, or socially, should be every South are incredibly progressive to mention the sheer number of familial, single individual’s choice free from cultural, and social barriers in a region stigma and discrimination, coercion, in comparison to laws where family and collectivism is more and violence. The right to sexuality is a surrounding sexual orientation. valued than individualism. core human right and without the right For example, Pakistan passed to control their own bodies and their the Transgender Persons This is why the issue of intersectionality sexuality, LGBTIQ+ individuals are not is a crucial part of today’s discourse and (Protection of Rights) Act in able to fully realise their own bodily should be more widely applied in the autonomy, integrity, self-determination, 2018, which established broad dialogue and activism around LGBTIQ+ nor can they control other aspects of protections for transgender rights. In 1989, Kimberlé Crenshaw their lives. people in the country, but still coined the term ‘intersectionality’6 lists all “homosexual acts” as in response to the systemic levels of In the Asia Pacific region, conversations oppression faced by Black women in around SOGIESC (Sexual Orientation, illegal. America. It was a critique of the erasure Gender Identity and Expression, and of multiple axes of identity that goes Sexual Characteristics)1 are extremely For example, Pakistan passed the against the ‘add and stir’ narrative varied. Many Global South countries’ Transgender Persons (Protection of and instead says that the systematic discriminatory LGBT laws can be traced Rights) Act5 in 2018, which established oppression of individuals and groups back to the implementation of Section broad protections for transgender can and do overlap over various social 377 of the Penal Code2 which was people in the country, but still lists all identities at once, such as race, gender, introduced through British colonial “homosexual acts” as illegal. and sexuality. From the beginning, law and which criminalises all sexual feminist discourse has (and arguably still acts which are “against the order of However, these groups are not does to this day) centred around able- nature” including anal sex between men homogenous. In today’s ever-changing bodied Western cis white women and and other homosexual acts.3 Through and growing landscape of SOGIESC, as a result, has limited the scope and colonialism, an ideal model of ‘being’ much of the mainstream discourse, insights into the groups who are multiply was put into place. This ‘being’ is positioned from a Western framework, burdened. It is important to understand represented as a heterosexual citizen, revolves around the pressure to “come the three main forms of intersectionality who incorporates an able body, able out” and for people to live their “most in identity politics: structural, political, to help produce offspring and thereby authentic selves openly and without and representational.7 Structural continue the nation-building process. The fear.” Though this is an ideal that should intersectionality refers to the ways in lasting effects of the implementation of be striven towards, it tends to focus which the social systems and structures Section 377 are still felt today across the on a certain section of the population – we live in oppress us, for example region: in Afghanistan, homosexuality particularly those who have the privilege, education, economics, migration, etc. is punishable by death; in Malaysia, power, and means to be able to be open Political intersectionality looks at who the punishments include whipping and about their sexuality without the threat is able to speak, who is spoken about, imprisonment for up to 20 years; in of discriminatory religious, nationalistic, and who is silenced within movements Myanmar, LGBTIQ+ people face up to cultural and ethnic norms, not to mention and when expressing their views. Finally, ten years of imprisonment and a fine.4 the overarching threat of patriarchy representational intersectionality refers Interestingly, laws surrounding gender which works to define gender within the to the multiple axes of stereotyping that identity in the Global South are incredibly binary. In the Global South, much of this occurs within the media.8 progressive in comparison to laws discourse around “coming out” cannot be surrounding sexual orientation. resonated with when the lack of basic 6 arrow for change | vol. 25 no. 1 2019 spotlight

Our identities are not fixed, they are individuals in these contexts. Culture and (2000) recognise the importance of shaped by the social influences around religion are particularly heavily relied on examining the ‘intersection of multiple us and therefore affect the way we to further anti-rights sentiments under forms of discrimination’9 but we need experience our lives and how our lives the pretext of protecting youth from the to make sure that these laws are can be restricted or determined for us. “immorality of homosexuality.” This then implemented in a way that will actually It is not enough for us to merely list leads to barriers being created against work within each country’s legal system. our various identities; we need to look any opportunities of starting discussions It is not enough to just say that these at how these intersecting identities are about sexuality and LGBTIQ+ rights. laws exist if there are no concrete steps impacted by the societal forces around Comprehensive sexuality education, being taken to make sure they are being us. In short, we cannot think of race, which is already extremely difficult to implemented correctly. gender, and sexuality as separate and implement in the region, makes little to mutually exclusive categories, as doing no mention of LGBTIQ+ information. This so erases the experience and voices of lack of information traps people within the people who experience both, or all at a heteronormative cage, where they see the same time. the heterosexual nuclear family as the only ‘correct’ way of moving forward in Notes & References That is to say, what does it mean to be life. queer and an ethnic minority? What does 1. As defined in Yogyakarta+10, gender expression is ‘external manifestations of gender, expressed through one’s it mean to be queer and a woman? What We cannot think of race, gender, name, pronouns, clothing, haircut, behavior, voice, or body does it mean to be a queer woman of an characteristics. Society identifies these cues as masculine and sexuality as separate and and feminine, although what is considered masculine and ethnic and/or religious minority? When feminine changes over time and varies by culture.; ‘Gender we broaden this and add issues such as mutually exclusive categories, identity is understood to refer to each person’s deeply felt class, caste, disability, cultural and social as doing so erases the experience internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the norms, mental health, etc. into the fold, and voices of the people who personal sense of the body (which may involve, if freely chosen, the levels of discrimination increase modification of bodily appearance or function by medical, experience both, or all at the surgical or other means) and other expressions of gender, even further. These are all aspects in including dress, speech and mannerisms’; Sex characteristics which we see the way that SOGIESC same time. ‘include primary sex characteristics (eg, inner and outer genitalia and/or the chromosomal and hormonal structure) and discourse in the Asia Pacific region is secondary sex characteristics (eg, muscle mass, hair distribution heavily impacted and why it needs to be Intersectionality is a form of politics and stature)’; sexual orientation is understood ‘to refer to each examined from a different approach. of identity, a way in which we need person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals to acknowledge how people can be of a different gender or the same gender or more than one It is crucial to note that the different multiply burdened and oppressed due gender.’ 2. In July 2019, India’s Supreme Court overthrew section 377 categories of how people are to inhabiting more than one form of of the Penal Code in a big step forward to LGBTIQ+ rights in the marginalised should not be the final marginalised identity. However, that is country. 3. Thomas, Maria, and Isabella Steger. “In over 40 Countries, point of discourse, it is about how these not where the importance and analysis of Laws against Homosexuality Are a Lasting Legacy of British different categories then go on to be this concept should end. The knowledge Rule.” Quartz India. Quartz. https://qz.com/india/1380947/ section-377-the-former-british-colonies-with-laws-against-gay- affected politically and socially. Due of what intersectionality is then needs people/. to the lack of protection from the law, to be used to reconstruct institutions 4. ibid. combined with the continuous backlash of power and change the ways in which 5. The full text of the Act can be found at this link: http:// www.na.gov.pk/uploads/documents/1526547582_234.pdf. against what has been termed in several we produce knowledge and take the 6. Crenshaw, K. (1989) “Demarginalizing the Intersection of countries as the “Gay Agenda” or construction of knowledge for granted Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics” University of “Western Influences” from legal, cultural, in order for our activism to be truly Chicago Legal Forum. social, and religious institutions in the effective and inclusive. 7. Crenshaw, K. (1989) “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Global South, LGBTIQ+ communities Doctrine, Feminist Theory, and Antiracist Politics” University of face a multitude of discriminations in We cannot advocate for LGBTIQ+ Chicago Legal Forum. 8. A peak example of representational intersectionality can be all aspects of their lives, be it personal rights without looking at those who are seen in countries such as Malaysia, where news related to the relationships, employment, familial ties, furthest back, without taking everyone LGBTIQ+ community is only aired (and sensationalised) when etc. The added pressure of needing into account. Today, many international there are political scandals involved. This only furthers the idea in the public eye that the LGBTIQ+ community is immoral and to “come out” or “affirm” their sexual human rights bodies such as the UN devious as the general population is given little to no other orientation publicly then becomes an Commission on Human Rights (UNCHR) information on LGBTIQ+ issues in mainstream media. 9. Yuval-Davis, Nira. “Intersectionality And Feminist Politics.” even more dangerous burden to those and the UN Beijing Platform for Action European Journal of Women’s Studies 13, no. 3 (2006): 193-209. 7 spotlight arrow for change | vol. 25 no. 1 2019

By Frenia Nababan LOST IN WORDS: Advocacy and Program Director, PKBI/ Navigating the Terminology of LGBT Indonesian Planned Parenthood Association Email: [email protected]

and Ferena Debineva Chairperson of Support Group and Resource Development of Words. The evolution These terminologies are helping people Center on Sexuality Studies, Indonesia of terminology has gradually shifted define themselves or in some cases, Email: [email protected] from LGBT (Lesbian, Gay, Bisexual, become perplexed on how their self- Transgender) to LGBTI (Lesbian, Gay, discovery needs to fit and be articulated Bisexual, Transgender, Intersex) to into certain categories. On the other LGBTIA2++ (Lesbian, Gay, Bisexual, hand, without diminishing the identity queer theory, changing generational Transgender, Intersex, Asexual) and a that we’ve been fighting for in terms communication practices, and localised growing number of recommendations of visibility, recognition, and equality, resistance to homogenising Western on particular issues including the we need to realise that the media has values, some are questioning the political development of SOGI (Sexual Orientation constantly bombarded us with these benefit and social-cultural relevance of and Gender Identity) , SOGIE (Sexual keywords and catchphrases, feeding into labeling one’s identity based on one’s Orientation, Gender Identity and the depiction of the First World white- sexual behavior. Therefore it raises a Expression), SOGIE-B(Body), and SOGIE- centric language of LGBT, the new fuel to critical question: Do we have to ‘justify’ SC (Sex Characteristic) acronyms, in ‘rainbow capitalism’: a new currency of a that a personal and cultural experience a hope to enlighten the understanding loyal rainbow market. fits into the mainstream definitions of of the various experiences of human ‘LGBT’? sexuality. Bettina Heinz added that sexual orientation emerged as a key issue in The Development Of Language In The In the study of communication, the communication discipline in the Global South. While communication dominated by US-Europe based scholars, 1970s, brought forth primarily by activist studies in the Global North introduced the discourse on LGBT only happened scholars.3 The term ‘sexual orientation’ the term ‘LGBT’ in early 1970, the after James W. Chesebro edited his first is typically used to describe the development of LGBT words started only ground-breaking essay titled ‘Gayspeak: directionality of a person’s physical and/ in 2000.7 Gay Male and Lesbian Communication’ or psychological attraction, concerning in 19811. He was probably the first US the desired partner’s sex.4 The Global North is still stuttering communication scholar to explicitly discussing the term ‘LGBT’ outside the conceptualise the same-sex orientation, Sexual orientation is generally frames of individualism and freedom or the construction of homosexuality, as conceptualised to exist on a continuum, of expression. However, in the Global a communication problem.2 acknowledging that individuals may South, in a place where collectivism is express differently or reconceptualise the breath of life, culture is the skin, and their sexual orientation over their life living is a chain, we cannot discuss these Driven by queer theory, span.5 However, Laurent explained that terms in the same way. changing generational this idea of fluid orientation derived from communication practices, the narration of the White “freedom” Even the usage of the word ‘trans’, and localised resistance to agenda.6 Less commonly defined as which reflects the T in LGBT, is not a ‘sexual preference’ because of that homogenising Western values, without concerns when looking at how term’s implicit notion of choice, ‘sexual it is derived from the foreign world, and some are questioning the orientation’ has come to function as is almost irrelevant to the movement political benefit and social- a gender or sexual identity category, in some parts of the Global South. In cultural relevance of labeling particularly in North American and Southeast Asia in the 1960s, the narrative one’s identity based on one’s European cultures. However, in other existence of global trans women in cultural contexts, same-sex attraction Indonesia was already being recognised sexual behavior. or same-sex sexual behavior is often with the word Wadam (Female Adam) by experienced separate from gender or DKI Jakarta to replace the word banci or sexual identity categories. Driven by bencong which was considered insulting.7 8 arrow for change | vol. 25 no. 1 2019 spotlight

The Makassarese of South Sulawesi have bayaguin, bayoguin, bayog, baylan was celebrating diverse sexualities in a tradition of bissu: men who dress like (indigenous words for “priestess”), or their cultures. This was reflected in our women, or women like men, and who asog (in the southern islands). Bakla, findings where several trans women have sexual relations only with persons female-identified men or cross-dressing admitted that they are still afraid to of the same gender. All rituals at the effeminate men, as well as tomboy, use ‘LGBT’ to identify themselves. They Court have to be presided by a bissu male-identified females, have long been prefer to be called “Waria” as most (waria). a recognised part of cultural and even Indonesians still think that “Waria” is not family life in the Philippines. The terms part of LGBT. Thailand is generally tolerant of both gay and lesbian came into use in the transgenderism and homosexuality. 1970s, and are now part of Taglish, a Traditionally, Thai discourse does not mixture of Tagalog and English. As Bakar said: ‘For queer folks in distinguish between gender and sex, all these post-colonial countries, using the sole term phet to refer to Critiques on the Global North and our governments have to have a biological sex, gender, and sexuality. The Global English. Since the early 2000s, sense that these are not our laws, category kathoey, traditionally referring scholars documented, examined, these were never our cultures. to hermaphrodites, transvestites, supported, and critiqued the emergence transsexuals, homosexual men, is now of global English as the global gay restricted to cross-dressing men and rights language.11 In 2003, Yep, Karen E. Just this year, Menaka Guruswamy and male-to-female transsexuals. But in the Lovaas and John P. Elia’s volume titled Arundhati Katju successfully challenged 1960s, the emergent need of the word ‘Queer Theory and Communication: Section 377 of the Indian Penal Code ‘gay’, which was borrowed from the West From Disciplining Queers to Queering which punishes LGBTQ+ relations. The as an identifier, arose. Distinctions were the Discipline(s)’, framed their text Supreme Court lawyers opposed the made in local terms to cover the notion in the understanding that it is time to draconian laws which were introduced of sexual versatility, which happened move on from studies focusing on the during the British rule of India. Menaka mainly through a cultural movement communication experience of LGBTQ argued against the laws, saying they and was not really supported by gay- people as a minority group and should should have never been added during orientated political movements or activist instead focus on how all individuals’ colonial times. As she said: ‘For queer networks carried out by most Western sexual and gender identities shift and folks in all these post-colonial countries, countries.9 vary and are intertwined with issues of our governments have to have a sense race, class, and culture.12 that these are not our laws, these were never our cultures’.14 It is time to move on from studies Laurent emphasised on blind gaps focusing on the communication to fulfill the narration of “Western Moving Forward For Advocacy: Lessons experience of LGBTQ people patterns,” particularly the narration of Learned From The Disability Movement. as a minority group and freedom and ‘being out’, reclaiming the Law, especially from the international 13 should instead focus on how all mere voice of an identity, a sexual one. human rights regime, is a direct reference In this, Laurent questions where family on which minority groups rely when individuals’ sexual and gender and social harmony fit as a signifier in the it comes to ‘non-discrimination’.15 For identities shift and vary and are aspects of being Asian and experiences example, the United Nations Convention intertwined with issues of race, related to their sexuality. on the Rights of Persons with Disabilities class, and culture. (CRPD) is an international legal agreement This feeling of detachment from the term which exists to protect and promote ‘LGBT’ is mainly derived from the history the human rights of disabled people. Laurent added that homosexuality of colonialism which affected the Global It was adopted by the United Nations is legal in Vietnam.10 Ancient legal South. Certain terminology and narration General Assembly on December 13, 2006, codes, from the 15th century, took into does not resonate with the Global South and opened to signature on March 30, account heterosexual rape, adultery, cultures. These colonialist narrations of 2007. As for the LGBT movement, The and incest, but left homosexuality LGBT emphasise the debates of mental United Nations through its Human Rights unmentioned. In the Philippines, before illness and cure, as well as words such Council, had several resolutions on Sexual Spanish colonisation, each “tribe” had as sinner, contagious, unnatural - strange Orientation and Gender Identity in 2011, a powerful shaman-like figure, the terms used when the Global South 2014, and 2016. 9 spotlight arrow for change | vol. 25 no. 1 2019

The goal of advocacy is to create Second, the questions remains if umbrella term to address that there are change and to build public support for the word ‘LGBT’ is inclusive enough still structural and cultural barriers for a particular cause or policy. We can to address the diversity of sexual sexual rights itself to be recognised and learn from the progress of the disability orientation, gender identity, and fulfilled in the Global South. movement and how this may be relevant expression of all people. Yulius explained Maulani (Personal Communication, 2019) to the LGBT Movement. The UNCRPD is that there is a paradoxical nature also suggested that it is important to a complex and comprehensive treaty, in the identity-based rights itself.18 have an evolving and inclusive concept reflecting a major global shift away from Those “universal” rights also hinge which addresses the structural challenges the individualised “medical model” of on the particularity of individuals’ so that the movement can be more approaching persons with disabilities to characteristics. In other words, a person inclusive and easy to be understood. a more “right-based” and “Social-justice” should belong to a specific identity or In the end, it is up to the community to oriented approach.16 group, so that they can have “the right to decide and strategise on how to use the have those rights.” words which reflect their experience, in In Indonesia, the disability movement order to reach their goals. has tried to advocate the Government to In order to make it more ratify the UN Convention on the Rights of People with Disabilities in 2011. Disability inclusive, strategic, and People Organization (DPO) leads the consistent, the LGBT movement discussion on the term to translate the could use ‘Sexual Orientation People with Disabilities convention into and Gender Diversity’ as an the Indonesian language. Maulani, chair umbrella term to address that Notes & References of HWDI (Personal communication, 2019) one of the disability leaders who there are still structural and 1. Heinz, B. 2009. Sexual orientation. In W. F. Eadie 21st Century Communication: A Reference Handbook (Vol. 2, pp. advocates for UNCRPD ratification in cultural barriers for sexual 387-395). Thousand Oaks, CA: SAGE Publications, Inc. doi: Indonesia said that it took two national 10.4135/9781412964005.n43 rights itself to be recognised 2. Ibid. seminars and one FGD until it was agreed and fulfilled in the Global 3. Ibid. upon to use “Penyandang Disabilitas” 4. Ibid. (roughly translated from ‘People With South. 5. Ibid. 6. Laurent, E. 2005. Sexuality and Human Rights. Journal of Disabilities’) instead of “Penyandang Homosexuality, 48(3-4), 163–225. doi:10.1300/j082v48n03_09 Cacat” (Deformed). Third, one thing that cannot be denied 7. Ibid. 8. Hanggoro, H. T. (2016, February 26). Cara bang Ali hadapi is that the addition of letters in LGBT waria. Retrieved September 24, 2018, from Historia: https:// The terminology nudges a shift on a terminology is important as it is also historia.id/kota/articles/cara-bang-ali- hadapi-waria-P3eRk. 9. Laurent, E. 2005. Sexuality and Human Rights. Journal of paradigm to address social problems a struggle for identity. It can also be Homosexuality, 48(3-4), 163–225. doi:10.1300/j082v48n03_09 on accessibility rather than a personal difficult for people outside of the LGBT 10. Ibid. 11. Heinz, B. 2009. Sexual orientation. In W. F. Eadie 21st barrier and therefore address state movement to understand the meaning of Century Communication: A Reference Handbook (Vol. 2, pp. responsibility. As an evolving concept, each alphabet and it will prevent them 387-395). Thousand Oaks, CA: SAGE Publications, Inc. doi: the term of “Penyandang Disabilitas” also 10.4135/9781412964005.n43 from supporting the LGBT movement 12. Yep, G. A., Lovaas, K. E., & Elia, J. P. (Eds.). (2003). Queer creates opportunities as an umbrella term because they might not understand the Theory and Communication. Binghamton, NY: Haworth Press. for all kind of identities to be included. cause. 13. Laurent, E. 2005. Sexuality and Human Rights. Journal of Homosexuality, 48(3-4), 163–225. doi:10.1300/j082v48n03_09 14. Bakar, F. 2019. Two women who fought against LGBT laws The discourse on the use of LGBT as an Fourth, up until now, there is no in India just came out as a couple. Retrieved from Metro UK: https://metro.co.uk/2019/07/21/two-women-who-fought- advocacy language could be difficult for international declaration, resolution or against-lgbt-laws-in-india-just-came-out-as-a-couple-10434554/. several reasons in Asian countries. First, convention mentioning the term ‘LGBT’ 15. Po-Han Lee 2016. LGBT rights versus Asian values: de/re- constructing the universality of human rights, The International Po-Han Lee (2016) argued that anti- in a title of the declaration. Instead, the Journal of Human Rights, DOI: 10.1080/13642987.2016.1192537 cultural imperialists, cultural relativism, term being used is ‘Sexual Orientation 16. Cogburn, D. L., & In Kempin, R. T. 2017. Making disability and legal passivism are prevalent at the rights real in Southeast Asia: Implementing the UN Convention and Gender Identity.’ on the Rights of Persons with Disabilities in ASEAN. moment against internationalism and the 17. Po-Han Lee 2016. LGBT rights versus Asian values: de/re- universality of human rights, whenever Therefore, in order to make it more constructing the universality of human rights, The International Journal of Human Rights, DOI: 10.1080/13642987.2016.1192537 issues are brought by the ‘West’ such as inclusive, strategic, and consistent, 18. Yulius, Hendri. 2018. Rethinking the Mobility (and gender and sexuality, the death penalty, the LGBT movement could use ‘Sexual Immobility) of Queer Rights in Southeast Asia: A Provocation. https://th.boell.org/en/2018/12/26/rethinking-mobility-and- 17 sex work, and drug intervention. Orientation and Gender Diversity’ as an immobility-queer-rights-southeast-asia-provocation. 10 arrow for change | vol. 25 no. 1 2019 spotlight

By Sejal Dand CRIMINALISING CHOICE: Executive Director, ANANDI Case Studies from Gujarat Email: [email protected] and Arundhati Sridhar Programme Manager, ANANDI Email: [email protected] Aarti Nayak, a 16-year-old Adivasi girl legal jargon, these sections are applied from rural Dahod, was staying in a by the police officer taking the complaint residential high school where she was based on the details provided. a star athlete when she was suddenly and any explorations of agency are summoned home to her family. Upon This, combined with the fact that 91% of brought under the category of crime reaching home, she learnt that she was the FIRs had the address of the abductor against them, which leaves no room to to be immediately engaged to a 24-year- mentioned, raise suspicion of the law exercise their agency. This also renders old Patel boy from the village her father being weaponised by parents wanting to sexual consent void, as all under-18 sexual worked in as migrant labour. track down daughters who had eloped. acts are criminalised by law.

Shaken by this decision, knowing its The data from the in-depth interviews, The non-recognition of choice and agency effects on her life and education, and though limited, is even more telling in of the girl leads to criminalisation making given no opportunity to protest it, she corroborating this suspicion. In 20 out her further vulnerable to different forms called the boy she liked—Chetan—and of the 24 cases where FIRs had been of violence. The girls, who are brought they eloped. They were on the run for registered, the survivors had left home back from alliances chosen by them, are nearly 15 days, at the end of which they out of their own volition. often married off by force to men who were caught by the police against a First can pay the highest bride-price. At home, Information Report (FIR) lodged by her However, the FIRs mentioned these as their movements are restricted and they father. abductions under the guidelines of the face stigmatisation and distrust from her Supreme Court on missing children. Out parents. Out of the 29 girls interviewed The complaint? Kidnapping and abduction of the five cases where the FIRs were in the study, only two girls (6.9%) could of a girl to compel marriage under Section not registered, in three cases the parents continue with their education after they 366 of the Indian Penal Code (IPC). had severed all ties with the girls as they were brought back home. Chetan was arrested and remains in lock- continued to live with the partners and in up. Aarti, though not married, was yanked two cases the parents compelled the girls A study of the data also reveals a out of the education system immediately. to leave their partners of her choice. perceptible time lag between the discovery of the ‘missing’ girl and the Aarti is not an aberration, her story is a Since two-thirds of the FIRs studied were registration of the FIR - only 20% of the pattern. An exploratory study1 conducted in reference to young girls under the cases were registered within two days of by ANANDI of 731 formal police age of 18, and hence technically ‘minors’ the kidnapping, with a majority being filed complaints (First information Reports / under the law, it becomes pertinent to between 3-5 days. FIRs) and 29 in-depth personal interviews mention how the law in India treats sexual related to abduction and kidnapping of consent under 18. Interviews with the survivors as well young girls reveals that consent, choice, as community leaders reveals that this and agency of young women and girls, Protection of Children from Sexual is often the time used for negotiations especially in the context of sexuality – Offence Act (POCSO), 2012 and the of customary penalty, known as davo, remains deeply criminalised by both law Supreme Court’s guidelines on Special wherein the parents of the girl demand a and society. Oppressional Procedures for Missing pre-fixed penalty from the boy with whom Children focus on ‘protection’ from harm, she eloped. Without paying davo the Nearly 87% of the total FIRs were and violation against the person under 18 young couple does not get social sanction launched under the same section of years, thus collapsing the age of consent for their union. Until the time davo is the IPC as that used by Aarti’s father: with the age of marriage. paid up, the girl is ostracised by her natal Kidnapping and Abduction of a Girl family. to Compel Marriage. Though the This undermines the principle of ‘evolving complainants most often do not know capacities’ in relation to adolescent girls 11 spotlight arrow for change | vol. 25 no. 1 2019

The custom of davo, the amount of learnt about their romantic relationships ways to help them navigate the choppy which can range from Rs. 10,000 to Rs. or they anticipated a backlash. intersectionalities of sexuality, mobility, 200,000, is perceived in many regions as They had also faced violence when and choice becomes an urgent mandate a measure that deters youngsters from mobile phones they kept secretly were for civil society organisations and exercising their choice in marital alliances. discovered by the parents. Across women’s collectives. ANANDI, along with Irrespective of whether davo is honoured the board, the interviewees were its partner women’s collectives - Panam or not, the young girl involved in the overburdened with care and domestic Mahila Sangathan (PMS), Devgadh Mahila relationship ends up bearing the social, work with severe restrictions on mobility, Sangathan (DMS), Maliya Mahila Shakti emotional, and economic burden that friendship, and use of mobile phones. Sangathan (MMSS) and Mahila Swaraj enhances her vulnerability. They also had little choice when it came to Manch (MSM) - run an Alternate Dispute decisions of education, career, marriage Resolution Forum, which has Gender Families have to borrow heavily to pay - and a majority of the interviewees saw Justice Committees over the last two up davo as well as to legally settle the elopement as a way to finally exert their decades. cases. Though these loans are taken by choice, a breaking of the shackles that the families, the social and economic held them. This forum is now emerging as a key burden of its repayment falls on the ally in support of young people who young couples and especially the young These figures create a picture have exercised choice in selection of bride, forcing them into insecure and of the social imprisonment that partners, to navigate with the different unsafe livelihoods, effectively ending any stakeholders- mainly the police, juvenile chance of further education in the face of often accompanies a young justice system, and the community crippling debt. woman into sexual maturity leaders. - especially in a society where 41% of the cases showed that the women honour (ijjat) is located in the Protection to young couples and girls got pregnant soon after eloping - either in particular to ensure that there is in a desperate bid to get society to sexuality of the unmarried no further violence on them such as sanctify their union or due to a lack of woman and, by extension, her confinement, forced marriage, recording adequate sexual and reproductive health mobility. of these incidents to the police, and knowledge. This creates a whole other accompaniment and legal support to spiral of underage pregnancy and all its Focused Group Discussions (FGDs), the girls have been some ways that the related risks, especially in the context of conducted with girls around the age of Gender Justice Committee prioritises in its the couple being reluctant to access any 14-16 puts some data to the restrictions work with young people criminalised by health services for fear of being found on mobility. As per the data collated law and society locally. out. through the participatory mobility tool, 58.6% of girls were not allowed to visit ANANDI is also taking the research For an underage couple in love at the their friends, and 31% of girls visited findings and recommendations2 to other intersections of customary practice and friends mostly in their hamlet which civil society organisations and different the law, the options present themselves largely included the members of their government departments to build a larger as a rock and a hard place. Why then, extended family. 70% of girls had no coalition to address the lacunae in the in the face of such deep criminalisation, access to sports or leisure outside their laws which criminalise young people’s do young women and girls continue schools. 80% of the girls had never been agency and choice with regards to to exercise their agency in matters of to a theatre to watch a film. 82% could exercising their sexuality. sexuality? not access the markets alone. These figures create a picture of the social In each of the cases of agency being imprisonment that often accompanies criminalised, there are deep links between a young woman into sexual maturity - Notes & References sexuality and mobility. The urge to elope especially in a society where honour (ijjat) 1. Joshi, Pragnya. Criminalisation of Agency, Choice, and is not only prompted by an attraction to is located in the sexuality of the unmarried Consent: The case of young girls in Gujarat at the Crossroads of law and Customary Practices. https://drive.google.com/file/d/1 their partner, but also a need to escape woman and, by extension, her mobility. tK7XzMJd7x6t7KJwHOZu7dfAQQmGVTeW/view. the home. Among the young women and 2. ANANDI. Research Findings and Recommendations: The early marriages in conflict with law and society: The Case of girls interviewed, 12 had left homes as Understanding the needs, desires and Gujarat. https://drive.google.com/file/d/1bhIweBmQzaBZRxg7T they faced violence after their families fears of young women and creating FsBWBOa4VGgNZk9/view. 12 arrow for change | vol. 25 no. 1 2019 spotlight

By Tamani Rarama THE LGBTQI+ EXPERIENCE Coordinator Secretary, Fiji Youth SRHR Alliance IN FIJI Email: [email protected]

LGBTQI+ Rights in Fiji have progressed external experiences, backgrounds and Without a doubt, the LGBTQI+ immensely over the last two decades. In sadly at times, from within the human movement has made significant 1997, Fiji became the second country in rights movement itself. steps and progress over the the world after South Africa to explicitly protect against discrimination based on In Fiji’s experience and similar to many years. However, the changing sexual orientation in its constitution. parts of the world, the women’s rights dynamics in which it interacts In 2009, this 1997 constitution was movement became an entry point remains a challenging one. abolished. The new constitution, for the organising, mobilising, and LGBTQI+ activists are now promulgated in September 2013, lobbying of LGBTQI+ specific issues. The echoing the shrinking of spaces extended and broadened this provision, women’s rights lobbying in Fiji for all in protecting the rights of Fijians based diverse women aligned itself with Fiji’s of their engagements within the on their sexual orientation including their ratification of the Convention on the human rights movement. gender identity and expression.1 This Elimination of All Forms of Discrimination was a significant elevation for sexually against Women in 1995,3 and allowed diverse Fijians after the decriminalisation women of diverse sexual experiences, some of these conservative women of sodomy during the review of the 2009 orientation, gender and expression leaders have now become champions of Penal Code2 (now known as the Crimes to collectively lobby for diversity and the LGBTQI+ movement and people. Decree 2010). inclusion in multi-levels of society. Without a doubt, the LGBTQI+ movement The women’s rights lobbying During the early years of the LGBTQI+ has made significant steps and progress in Fiji for all diverse women movement, organisations such as the over the years. However, the changing Fiji Women’s Rights Movement, Men dynamics in which it interacts remains a aligned itself with Fiji’s Empowerment Fiji (MEN FIJI) now known challenging one. LGBTQI+ activists are ratification of the Convention as Rainbow Pride Foundation, Drodrolagi now echoing the shrinking of spaces of on the Elimination of All Forms Movement, Haus of Khameleon, and their engagements within the human of Discrimination against DIVA for Equality were at the forefront rights movement. These experiences of LGBTQI+ Advocacy. These movements were shared by leading trans-activists in Women in 1995, and allowed advocated for sexual and reproductive Fiji during a side event panel discussion women of diverse sexual health and rights issues that addressed at the 2nd Pacific Human Rights experiences, orientation, gender transgender (both trans-feminine and Conference:4 and expression to collectively trans-masculine), lesbian women, queer women, bisexual women, and gender “Our space is beginning to shrink and lobby for diversity and inclusion non-conforming women’s needs and this is dangerous; as the very people in multi-levels of society. safety. that we call our allies are now dictating the type of transwomen they allow into With Sexual Orientation, Gender Identity Issues around social, political, and their engagements. In this instance, and Expression (SOGIE) embedded economic inclusion for people of diverse they begin to become the bottleneck in the supreme law of the land, the sexual orientation, gender identity and of the movement, as they question the lived realities are far from the eclipsed expression were strongly echoed in validity and authenticity of transwomen LGBTQI+ rights based-realisation and many of the women’s spaces by LGBTQI+ in women rights spaces. There are legislations. The his-her-their-story of activists and allies. At times, there a lot of clashes now on such issues the Fiji LGBTQI+ movement has over was backlash from traditional women within the feminist space. Using an the years experienced its fair deal of leaders who were part of these spaces intersectionality lens and/or approach challenges to get to where we are today. and process. However, with strategic is the key to address these issues.” These politics arise from internal and responses, interaction, and sensitisation, 13 spotlight arrow for change | vol. 25 no. 1 2019

We have seen these homophobic There is greater need to create dialogue holistically engages an intersectionality and transphobic attitudes within and with conservative feminists and activists lens. This would enhance and critically outside of the feminist, LGBTQI and in the movement to generate greater emphasise on the intersectionalities of human rights movement. These are understanding and acceptance. The LGBTQI+ rights to women and human based on their personal beliefs and women’s movement remains an ally of rights issues. Such linkages would values which are often shaped by the LGBTQI+ movement in Fiji. Organising address corresponding sexual and misleading, exclusive, judgmental and of the first National Pride March earlier reproductive health and rights issues. non-affirmative teachings, religious this year was attended by feminists and The movement is stronger when women and personal beliefs as well as feminist networks and organisations. and feminists work collaboratively traditional and cultural beliefs. It is This is a classical example of many other together in championing LGBTQI+ rights. crucial that such exclusionary practices activities that showed the continuous that contribute to homophobia and solidarity and support offered by allies transphobia within the feminist/ and accomplices from the women’s women and human rights movement movement. Notes & References are strongly and openly challenged, 1. 2013 Fiji Constitution, https://www.fiji.gov. echoed and shared in forums to deter It is vitally important to continue to work fj/getattachment/a3cddc01-dc73-4823-83b8- f290672ddae0/2013-%20Constitution-of-The-Republic-of-Fiji. its growth within and beyond these in solidarity with the women’s movement 2. Fiji’s 2010 Crimes Decree, http://www.paclii.org/fj/promu/ movements.” – Sulique Waqa, Haus of in recognising and acknowledging the promu_dec/cd200995/. 3. Fiji CEDAW Ratification, https://tbinternet. Khameleon, excerpt from the “TRANS- diversities of women in women’s spaces. ohchr.org/_layouts/15/TreatyBodyExternal/Treaty. forming lives for a Better and Stronger In moving forward, the solution to aspx?CountryID=60&Lang=EN. 4. 2nd Pacific Feminist Forum Charter Action Plan, http:// Pacific,” Panel Side Event - 2nd Pacific addressing the issues raised above is to www.fwrm.org.fj/images/PFF/WEBSITE/PFF_Charter_Action_ Feminist Forum. use a human rights-based approach that Plan.pdf.

AURAT MARCH: By Sadia Khatri Honour, and the Violent Control Over Email: [email protected] Women’s Bodies

On March 8, 2018, and again in 2019, The politics and people behind the Attended both years by feminists and thousands of Pakistani women took to March were different across the cities, activists from various collectives and the streets for the country’s annual Aurat but their demands were similar2—an end women’s rights organisations and allies, March (Women’s March). Organised to everyday and state-backed violence the March has become an electric, under the banner of ‘Hum Aurtein’ against women, non-binary individuals, herstorical day, an uncommon sight in (roughly translated to ‘Us Women’), the and religious minorities, in homes, Pakistan’s public space: women of all March started in Karachi last year,1 when workplaces, and public spaces; economic ages, marching among a sea of colourful feminists from various collectives and justice through implementation of labour posters, chanting in celebration and women’s rights organisations formed laws, and recognition of women’s work protest. a horizontal, non-hierarchical planning at home as ‘unpaid labour’; reproductive committee, unaffiliated with any group. justice for women, non-binary folks, and Because in Pakistan, like many countries For a month and a half, sessions were all sexual identities; and environmental in South Asia, women are meant to be held to rally women from different justice, translating into better access to seen and not heard, and social norms neighbourhoods and backgrounds, and water and land, and an end to corporate dictate how and if we can be seen at all expand the core team. Social media exploitation of animals. This year, the - the March scandalised its patriarchs.3 campaigns were run, posters put up, and demands included a call to end the All across the nation, ‘righteous’ men and donations raised through crowdfunding. anti-encroachment drives across the women shook their heads in disapproval. Corporate sponsorships and government country, targeting poor and working class Feminists, they claimed, had finally offers for money were refused. communities. crossed a line. Not only was the March an 14 arrow for change | vol. 25 no. 1 2019

attack on Pakistani culture and tradition, education and science as suspect; in the Women are policed and 6 it was downright un-Islamic. The rightful practice of child marriages, defended surveilled and sexualised in their place for Muslim women is inside the in the name of culture; in treatment of house, not out on the streets, behaving widows and single women, whose lives everyday lives. At the heart of all with such vulgarity. amount to nothing if they cannot be the of this is the singular reminder property of some man; in the victim- that no matter what the law There was nothing new about the blaming that is hurled upon sexual assault dictates, our bodies do not response. The sanctimony of tradition survivors; and in the way it was this belong to us. and culture is commonly invoked to keep misconception which the March sought women under control. In the 80s, Pakistan to deny in the first place, and which the saw this manifest legally under the reign critics of the Aurat March did everything It was these humorous, irreverent, witty of president-dictator General Zia-ul-Haq. in their power to loudly assert again. posters which drew the greatest ire. In order to bring the country closer Women are policed and surveilled and Self-respecting Muslim women did not towards what Zia perceived to be true sexualised in their everyday lives. At the speak like this. Much of the criticism was Islamic values, he introduced a series of heart of all of this is the singular reminder couched in religious rhetoric containing Sharia-compliant, anti-women legislature.4 that no matter what the law dictates, our buzzwords like respect and honour. Among these was the draconian Zina bodies do not belong to us. For three Of course, while honour (or izzat) Ordinance which conflated rape with weeks after the March this year, Pakistani purportedly rests on women’s shoulders, adultery. Both were equal under the eyes media was concerned with nothing else. it has very little to do with women. It of law, which meant that women could Other pressing affairs dimmed into the is more about the men—the fathers, not report sexual assault without being background while every news anchor and brothers and husband—who locate their punished for it themselves. Unless they morning show host wanted to pontificate honour in the bodies of their daughters brought forth four male witnesses to on the same questions: Should the March and sisters and wives, and charge them prove that rape took place, they would be condemned? How far? Why weren’t with the responsibility of maintaining either be sentenced to a public flogging, women talking about real issues like it through their actions. By marching or death by stoning. health and education and inheritance? and sloganeering as we did, we had dishonoured our men and our families. Women’s bodies have become The greatest cause of affront: the the battleground for men’s posters. The posters that we carried at Something had to be done to remind us the March, their immodest language and of our place. Clerics issued fatwas against religious anxieties. This is inane demands. Our detractors were not the March, and the Khyber Paktunkhwa evident in the appalling state of contesting the purpose and intent of the National Assembly passed a resolution women’s health and education, March itself, they were merely concerned condemning it as a destructive influence which is a direct result of —no, outraged—by the vulgarity and of Western values. Meanwhile, the March immodesty of these posters. These were organisers were being invited on every religious clerics deeming the posters keeping them troubled and mainstream news show to defend and western education and science awake at night:7 explain their position. None of that, as suspect. however, quelled the hate and vitriol “Akeli Awaara Azaad” (which loosely channeled towards the women: social While the Pakistani women’s movement translates to ‘Alone, Untethered, Free’) media was abuzz with harassment, and has succeeded in upturning some of these “My body, my consent” some of the March organisers were regressive laws and introducing greater “How do I know where your sock is?” stalked, receiving threats of death and legal security for women, the religious “Heat up your food yourself.” rape. conservatism sown and validated by the “Stop sending me dick pics.” Zia years remains deeply rooted in the “Look, I am sitting properly now.” In a society where upholding men’s Pakistani sensibility. Women’s bodies (accompanied with an illustration of a girl honour is paramount, the consequence have become the battleground for men’s sitting with her legs wide apart, instead of for blemishing this honour is violence. All religious anxieties. This is evident in neatly crossed over or tucked in as good over the world women are murdered in the appalling state of women’s health Muslim girls are wont to do) the name of honour, but Pakistan is one and education,5 which is a direct result of the few countries in the world where of religious clerics deeming western it is legitimised through language: honour 15 arrow for change | vol. 25 no. 1 2019

killing - or karo kari8 - is a homicide within food.10 Last year, Khadeeja Siddique was March posters and the threat of harm and the family, often carried out by several stabbed 23 times by a man11—in mid-day, murder, only reveals the very oppressions family members together in order to in public—for refusing his overtures. Just which the Pakistani women’s movement punish a woman for bringing shame upon this month, a man pushed his new bride is seeking to dismantle. Detractors of her community. Usually the shame is into a canal for having “bad character.”12 the Aurat March might think they are linked to sexual transgressions—running articulating their values, but in their off with a lover, refusing to marry, These are only the cases that make it to attempt to send us back into the position displaying autonomy over her body. The the news. Everyday there are articles in we desire freedom from—the position foundation of this heinous practice is the the paper about women killed and maimed where men get to decide what happens belief that there is no recompense for and murdered by the men they trust.13 to us and our bodies—they have exposed such a woman, that her crime can only While many of these murders are related themselves further. Their hypocrisy has be compensated by deleting her from the to sexual agency, a lot of them have to do only helped us to justify and strengthen planet. with women’s refusal to comply with the our fight: it will not be surprising if gendered expectations thrust upon them, next year’s March is even bigger, with For a long time, the perpetrators of especially within the domestic sphere. thousands more women streaming into honour killing could be pardoned easily. the streets, so we can collectively remind As these were classified as “crimes While many of these murders them how their control is weakening. of passion,” they were not tried as are related to sexual agency, homicides regularly are. Anyone related to the deceased (and therefore also the a lot of them have to do with Notes & References perpetrator) could forgive the killer. In women’s refusal to comply 1. Saeed, Mehek. “Aurat March 2018: Freedom over Fear.” The October 2016, the Pakistani parliament with the gendered expectations News International: Latest News Breaking, Pakistan News, 2018, passed the anti-honour killing law, meting www.thenews.com.pk/magazine/instep-today/290411-aurat- thrust upon them, especially march-2018-freedom-over-fear. out harsher punishments to perpetrators, 2. Set of demands on Aurat March Karachi’s Instagram page: and cancelling the loophole which allowed within the domestic sphere. https://www.instagram.com/auratmarch2019/?hl=en. 3. Zahra-Malik, Mehreen. “Pakistan Torn as Women’s Day them to be pardoned. Which is precisely what the March Sparks Wave of ‘Masculine Anxiety’.” The Guardian. Guardian News and Media, March 15, 2019. https://www. “vulgar” posters at Aurat March theguardian.com/world/2019/mar/15/pakistan-torn-as- In a society where upholding were addressing. The message womens-day-march-sparks-wave-of-masculine-anxiety. 4. Lari, Maliha Zia. “Rape Laws in Pakistan: a History of men’s honour is paramount, is the same: we will not allow Injustice.” DAWN.COM, January 25, 2018. https://www.dawn. the consequence for blemishing com/news/1096629. you to locate your honour in 5. Female literacy rate in Pakistan is around 50%. Source: this honour is violence. All over Pakistan Economic Survey, 2017-2018. our bodies. Our bodies, our 6. It is estimated that despite changing laws, more than 140 the world women are murdered sexualities, our lives, belong to million underage girls will get married between the years 2011- 2020. Source: Demographics of child marriages in Pakistan, in the name of honour, but us. World Health Organisation (WHO). 7. Khatri, Sadia. “Should Feminists Claim Aurat March’s Pakistan is one of the few ‘Vulgar’ Posters? Yes, Absolutely.” DAWN.COM, March 15, countries in the world where it is 2019. https://www.dawn.com/news/1469815. Which is precisely what the “vulgar” 8. Herald. “The Evolution of Honour Killing.” Herald Magazine, legitimised through language. posters at Aurat March were addressing. July 25, 2016. https://herald.dawn.com/news/1153470. 9. “Pakistan Honour Killings on the Rise, Report Reveals.” BBC The message is the same: we will not News. BBC, April 1, 2016. https://www.bbc.com/news/world- Still, statistics remain alarming. In 2015, allow you to locate your honour in our asia-35943732. over 1,000 women9 were killed in the bodies. Our bodies, our sexualities, our 10. APP. “Man murders wife over cold dinner in Lahore.” Tribune Pakistan. November 30, 2017. https://tribune.com.pk/ name of honour in Pakistan. The following lives, belong to us. story/1572042/1-man-murders-wife-cold-dinner-lahore/. year, shortly before the law passed, 11. Malik, Hasnaat. “Law student put behind bars in Khadija stabbing case.” Tribune Pakistan. January 23,2019. https:// we saw the horrific murder of social But saying this out loud is as good as tribune.com.pk/story/1894921/1-sc-sets-aside-lhc-order- media popstar Qandeel Baloch, who was declaring ourselves as women who do not khadija-stabbing-case/. 12. PPI.“Woman Rescued after Husband Pushes Her into Canal.” drugged and strangled to death by her wish to abide by the social contract, which Pakistan Today. Accessed October 25, 2019. https://www. brother, for making “shameful”, risque also stipulates that those who do not pakistantoday.com.pk/2019/07/04/woman-rescued-after- husband-pushes-her-into-canal/. videos in which she was skimpily dressed abide must pay a violent cost. The irony: 13. Hanif, Mohammed. “Pakistan: Where the Daily Slaughter and dancing suggestively at the camera. In in rejecting the control over our bodies, of Women Barely Makes the News | Mohammed Hanif.” The the same year, a woman in Sargodha was we are subjected to greater control. The Guardian. Guardian News and Media, May 9, 2019. https:// www.theguardian.com/commentisfree/2019/may/09/pakistan- murdered by her husband for serving cold nature of the vitriol towards the Aurat murdered-women.

16 arrow for change | vol. 25 no. 1 2019 spotlight

By Sana Tajuddin DYNAMICS AROUND THE Manager of Life Skills Education, Aahung PROVISION OF COMPREHENSIVE Email: [email protected] SEXUALITY EDUCATION (CSE): Insights from the South Asian Region

A Profile of Adolescents’ Sexuality, in Bangladesh give negligible focus on addressing adolescent health in the Health and Rights in South Asia: An sexual health and wellbeing.3 Pakistan’s education system, it does not cover Overview. South Asia is home to nearly reproductive health outcomes also topics such as gender identities and 282 million adolescents, which is almost show labored and inadequate progress sexual diversity.5 half of the total population of adolescents with traditional indicators such as the around the world.1 The World Health maternal mortality ratio (140/100,000) Therefore, despite the diversity of Organisation (WHO) defines adolescents and infant mortality (74/100,000) adolescents in this region, there are as young people of ages 10-19 years. In remaining unquestionably high. Gender common sexual and reproductive rights South Asia, this age group covers over development is also lagging in Pakistan that have to be addressed. Unfortunately, one-fifth of South Asia’s population.1 This as 21% of girls still get married before 18 the implementation of these rights in the unprecedented bulge of young people years of age.4 region is challenging. These challenges should be acknowledged as a diverse include religious and socio-cultural group exposed to and experiencing In terms of laws and policies, traditions, predefined gender roles and transforming political, cultural, and socio- there is no direct reference to practices, and political ideologies and economic scenarios. These transforming the provision of comprehensive moral norms around sexual behaviors and scenarios have great implications when it sexuality.6 It is significant to acknowledge SRHR information and services comes to adolescents’ education, health Sexual and Reproductive Health (SRH) and other rights such as age of marriage, for adolescents in the region. as a comprehensive concept that employment etc. For instance, the However, there are indirect encompasses ‘dimensions of physical, change in political ideologies and global provisions available which, emotional, mental and social well-being in economic situations would influence when implemented, go through relation to sexuality’ and is not restricted budgetary and policy decisions regarding to ‘absence of diseases, dysfunction or youth health and education. It is unnecessary negotiations and infirmity.’7 imperative to prioritise the significance of adjustments. receiving accurate information and skills The vulnerability of adolescents, including regarding Sexual and Reproductive Health In terms of laws and policies, there is LGBTQI+, around SRHR demands the and Rights (SRHR), during adolescence. no direct reference to the provision of immediate provision of comprehensive comprehensive SRHR information and information and skills. Comprehensive Statistics from the South Asian region services for adolescents in the region. Sexuality Education (CSE) entails a human indicate the pressing need to expose However, there are indirect provisions rights approach and intends to provide adolescents to a comprehensive set of available which, when implemented, go evidence based and age appropriate skills and knowledge that can prepare through unnecessary negotiations and information around topics such as gender them to make informed decisions about adjustments. For instance, the Adolescent norms, power dynamics, violence and their future. For instance, despite the Education Programme curricula in India pubertal changes.8 There are however, legal age of marriage being 20 years in that was banned as a result of protests by a number of elements and actors that Nepal, according to a survey in 2014, parents and teachers when the Ministry obstruct the provision of CSE in the 48% of women aged between 20-49 of Human Resource Development (MHRD) South Asian region. These elements are years got married at the age of 18.2 In introduced it in 2007, which was later largely comprised of socio-cultural and Bangladesh, 52% of girls get married by re-launched in partnership with UNFPA religious ideologies shaping a narrative the age of 18 of which 18% marry at in 2009. However, though it is the only that oppose the provision of CSE to the age of 15. Most health programmes institutionalised government intervention adolescents.

17 spotlight arrow for change | vol. 25 no. 1 2019

Elements and Actors that Obstruct interpretation of religious texts largely services and support, adolescents can be Adolescents’ Right to CSE. Discussions impacts the policies and social-cultural powerful agents of social change. around sexuality are shrouded in shame norms of society. Religion is tightly and stigma. As a result, adolescents intertwined with politics and culture in Amit Timilsina, who heads a youth receive limited SRHR information at these countries. Some examples include organisation in Nepal, praises the CSE home and are discouraged to speak the Hudood Ordinance 1979 of Pakistan provision under the National Adolescent about issues related to their bodies and and two decades of advocacy that Sexual and Reproductive Health sexuality. Similarly, SRHR education followed to demarcate a clear distinction programme in Nepal by commenting programmes, such as the Life Skills between consensual sex and rape.10 As that ‘adolescents are shy about asking Based Education (LSBE) programme being the law was intrinsically misogynistic, it questions and learning about sexual and implemented by provincial governments resulted in convicting women of adultery reproductive health in the classroom, in Pakistan are often prohibited as even if they reported a case of rape, ‘as and they don’t always receive support the governments often become easily their report was treated as a confession.’11 at home to seek out the information and confused and label it as programmes Such one-sided interpretations of services they need.’13 A student of Grade that promote sexual behaviour.9 This religion and religious texts oppose the 10, in one of the schools in Pakistan, results in silence around these issues concept of a rights based approach acknowledged that LSBE has helped that further drives taboos, making any and leave no room for the provision of her clear up all the ambiguities and provision of SRHR extremely challenging. CSE. The conservative interpretations of misconceptions regarding puberty. She The culture of silence and stigma around religion can have negative implications now rejects peoples’ advice of not taking CSE is often protected and promoted on age of marriage, rights of girls and baths and to avoid having some food by patriarchal systems prevalent in the women when they are menstruating, during her periods.14 A review report region. Control over sexualities and gender discriminatory laws, norms on CSE in Bangladesh also highlights bodies, early age marriages and early around marriage and marital rape, male the significance of the provision of CSE pregnancies are the implications of such guardianship and authority, honor killing, to Bangladeshi adolescents to facilitate a system. Linking girls’ sexuality and abortion, contraception and domestic them in maintaining good health and related behaviors to family honor also violence.11 overall wellbeing.15 stems from a patriarchal mentality.9 This form of control works against the rights Sexuality is still perceived Recommendations based and gender responsive approaches within binaries of male and There is a persistent need to address the promoted by CSE. female thus neglecting a whole resistance and harm endorsed on the array of identities that fall youth of South Asia as a result of lack A significant barrier to CSE is also the of the provision of CSE. Following are idea that adolescents do not require beyond the spectrum of this some of the recommendations as a way discussion around their SRHR. In the binary. Although the policies forward: South Asian region, information and and legal reforms in the South discourse around sex and sexuality with Asian region seem progressive 1. There is a need to develop narratives unmarried youth is considered a taboo.9 for a rights based approach and This stems from the assumptions that in this regard, the acceptable human centred interventions to curb adolescents should be sexually inactive understanding of gender is still the one-sided interpretation of until marriage. Moreover, sexuality is still very binary. religion and religious scriptures perceived within binaries of male and against the provision of CSE. female thus neglecting a whole array of Significance of Adolescents Accessing 2. It is important to work directly with identities that fall beyond the spectrum CSE in South Asia – Some Examples. the youth and national and regional of this binary. Although the policies and To address the information gap, CSE is a youth alliances so that they legal reforms in the South Asian region means to not only equip adolescents with themselves put forward their SRHR seem progressive in this regard, the knowledge but also inculcate ‘essential needs. This will help in opening up acceptable understanding of gender is life skills and develop positive attitudes more rights based dialogues with still very binary. and values.’12 There are various examples regards to the right wing ideologies from around the region that highlight and their restrictions on the provision Moreover, in almost all of South Asia, the fact that when provided with the of CSE. the influence of religion and one-sided right opportunity to access knowledge, 18 arrow for change | vol. 25 no. 1 2019

3. As the countries in the South Asian Notes & References 8. Haberland, N., and Rogow, D. 2015. Sexuality Education: Emerging Trends in Evidence and Practice. Journal of Adolescent region face similar obstacles, hence 1. Bott, S. 2003. Towards Adulthood: Exploring the Sexual Health: Supplement, 56, 1. they should share best practices and and Reproductive Health of Adolescents in South Asia. Geneva: 9. Latif, M. Thematic Brief: Influence of Religion on World health organization. Department of Reproductive Health Comprehensive Sexuality Education. Karachi: Shirkat Gah – set precedence to inspire each other. and Research. Women’s Resource Centre and Kuala Lumpur: Asian-Pacific 4. It is significant to initiate content 2. Bulletin of the World Health Organization on Reaching Resource & Research Centre for Women (ARROW). review exercises of the national Adolescents with Health Services in Nepal, 2017. (95):90-91 10. Paracha, Nida. 2011. The Hudood Ordinances. InPaper doi: http://dx.doi.org/10.2471/BLT.17.020217. Magazine. https://www.dawn.com/news/626858. curricula both for primary and 3. Citizens Platform for SDGs, Bangladesh Brief on Sexual and 11. Latif, M. and Salam, G. R. Thematic Brief: The Influence secondary classes and demonstrate Reproductive Health Rights of Adolescents 2018. (2): 1-3. of Religious Fundamentalism on Laws and Policies Related to https://bdplatform4sdgs.net/wp-content/uploads/2018/10/ Sexual and Reproductive Health and Rights. Karachi: Shirkat Gah the lack of availability of CSE content Citizen%E2%80%99s-Platform-Brief-22-Sexual-and- – Women’s Resource Centre and Kuala Lumpur: Asian-Pacific to the government. Reproductive-Health-Rights-of-Adolescents-and-Young-People. Resource & Research Centre for Women (ARROW). pdf. 12. Guttmacher Institute. Demystifying Data Toolkit on 5. Strategies should be designed to 4. Girls Not Brides. 2018. Pakistan – Child Marriage around the Comprehensive Sexuality Education. Guttmacher Institute. put national, regional and World. Girls Not Brides. https://www.girlsnotbrides.org/child- https://www.guttmacher.org/sites/default/files/report_ marriage/pakistan/#stats-references. downloads/demystifying-data-handouts_0.pdf. international pressure on the 5. Basavaraj, S., and Chakraverty, I. 2017. Country Advocacy 13. World Health Organization. 2017. Reaching Adolescents with government to make CSE as a Brief India: Comprehensive Sexuality Education: Overview and Health Services in Nepal. https://www.ncbi.nlm.nih.gov/pmc/ compulsory subject in schools by the Way Forward. New Delhi: The YP Foundation and Pravah. articles/PMC5327946/. 6. Gunasekara, V. 2017. Coming of Age in the Classroom: 14. Aahung. 2012. Empowered Voices: Oral Testimonies from emphasising its provision as the need Religious and Cultural Barriers to Comprehensive Sexuality the SMB Fatima Jinnah School – Karachi. of the hour. Education. Kuala Lumpur: Asian-Pacific Resource & Research 15. Islam, K. F., Priatom, G .S. M. and Farnaz, N. 2018. A Review Centre for Women (ARROW). Report on Comprehensive Sexuality Education in Bangladesh. 7. UNESCO (Paris), and UNAIDS. 2018. International Technical Bangladesh: BRAC James P Grant School of Public Health. Guidance on Sexuality Education: An Evidence-Informed Approach. Paris: UNESCO.

THE INTERNET AND OUR SEXUALITIES

In today’s media driven world, the Internet and new media is a booming source for promoting diverse voices and discourses around sexual rights, our sexualities, and our desires. In the Global South where discussions around sexuality are often curtailed and stigmatised, new media provides a space for open discussion and freedom to express oneself. This article delves into the viewpoint of three diverse people and organisations from India and the importance of creating an inclusive Internet.

The Need for an to understand me, and then disclose the Challenging mainstream discourses disability? As is usual for the perplexing around sexuality – through counter- Inclusive Internet questions of our times, I asked Google narratives - is a key aspect of online for an answer.” organising. Researcher and activist Jac By Bishakha Datta Executive Director, Point of View We haven’t yet fully absorbed this, but Email: [email protected] Some of the biggest campaigns the Internet has become a critical space in which sexual rights are asserted in around sexual rights—such as countless ways everyday: via information #MeToo—are deeply embedded India, 2019. At a workshop in Mumbai, provision (from gender reassignment in networked technologies, a college student says that her “queer surgery to abortion), services (menstrual producing large-scale bestie uses the Internet to learn and love and dating apps), counselling (on his body more.” In the north-eastern messenger apps), visibility (across social disruptions and discomforts. city of Guwahati, a young woman starts media), and advocacy (from queer rights But this space is increasingly browsing porn sites to learn about sex as to sexual harassment). Some of the under threat. Misinformation her wedding day approaches. A visually- biggest campaigns around sexual rights – increasingly reduces the impaired PhD student starts a Tinder such as #MeToo – are deeply embedded credibility of information account, asking himself this: “Should I in networked technologies, producing mention my disability upfront, or should I large-scale disruptions and discomforts. online, including that related to give the prospective date some time sexuality. 19 arrow for change | vol. 25 no. 1 2019

SM Kee notes that these discourses and security. Let’s create the container linked to personal fears of being outed. “challenge and rupture normative we need for our sexual rights activism: The context is one in which although ideals of sexual hierarchies…interrogate a space of comfort, belonging and silence around BDSM is breaking (not existing standards of sexual legitimacy, pleasure. least because of the otherwise dreadful raise broader questions around justice, Fifty Shades of Grey), it continues to be equality and non-discrimination…and equated with weirdness at best and abuse enable perspectives and voices from the at worst. Since the community fears KU margins to infuse and trouble dominant What the Internet being outed, when we as members of discourses that anchor normative sexual Means to Us the Kinky Collective (15 of us in different hierarchies.” cities in India) make presentations, By the Kinky Collective hold workshops for those outside the But this space is increasingly under Email: [email protected]. community, speak with the media, or threat. Misinformation increasingly Website: http://kinkycollective.com/ write as we are doing now, we don’t reduces the credibility of information Facebook: https://www.facebook.com/ ‘reveal’ the real name of the online site. online, including that related to sexuality. kinkycollective/ The other ways in which we reach out What information can you trust? Women Twitter: https://twitter.com/thekinkygroup to those outside the BDSM community with disabilities can’t use many sites Instagram: https://www.instagram.com/ is through a blog and website as well whose features aren’t accessible to, for kinkycollective/ as various social media platforms. Even example, people with low or no vision. when we ‘just’ forward memes (juggling The dominance of English remains a jobs and activism isn’t easy), they are huge hurdle for activists to participate The Kinky Universe (KU) is where most evidence of the existence of a community in public spaces. Harassment and abuse of us in the Kinky Collective, a group with which people want to connect. is endemic; sex work communities are that seeks to raise awareness about kink casually insulted everyday through the and strengthen the community, met each One of the fears is that activism use of the right-wing staple, ‘presstitute’ other. It’s where we run an online group will “out” KU, which is the (intentionally used as a slur against for the community, it’s where we’ve met journalists). Private platforms still don’t friends, play partners, lovers, and even only space where we are able to do enough to detoxify social media spouses, it’s where we look at others express our kink related desires, spaces, where streams of gendered photos and upload our own (not being feelings and views, in the safety sexualised abuse flows like rivers able to show faces almost enhancing our of the anonymity that the online carrying a sludge of hate. creativity), where we post information about offline events (crucial to community space enables. And then there are bigger and deeper and skill building too) and where we questions. How do we deal with have intense discussions on a myriad of For us as members of the Kinky Collective datafication—or the insidious ways in themes from the safe word to activism’s too, the online space was key to finding which our everyday actions and our benefits / harms in the kink community. out that we were not the only ones with activism are turning into Big Data for The scare that the government might desires like ours. Even before KU, it profit? How do we address dataveillance, ban the Kinky Universe, a moniker for a was Yahoo Groups or chat rooms. For or the use of data for surveillance by kinky Facebook if you like, as part of a some it was not just about finding these machines? How do we create a sense recent drive against porn, was mercifully desires around us, but within us. Why of belonging—so that individuals and unfounded. Not that KU is a porn site, but wasn’t I turned on by porn that other communities crossing the digital divide had the powers that be (wrongly) deemed friends watched (perhaps right next to can engage in these spaces on their own it such, the implications would have been us as part of the good old Indian hetero terms, without feeling like interlopers? numbing. boys’ tradition)? Why was I being turned on by scenes on the screen which had There’s no magic recipe for the One of the fears is that activism will never played out in my fantasies? Some inclusive Internet; to build it, we must “out” KU, which is the only space where of us have porn to thank for discovering infuse networked technologies with we are able to express our kink related our kinky desires but all of us have the foundational feminist principles— desires, feelings and views, in the safety Internet to thank—for all the reasons autonomy, agency, bodily integrity, of the anonymity that the online space above and more. consent, expression, privacy, rights, enables. The fear of KU being “outed” is 20 arrow for change | vol. 25 no. 1 2019 spotlight

Queer Muslim individuals to self-denial, depression, transwoman of Bangladeshi origin. For and suicide. our #2019QueerMuslimGoals campaign, Movement – she writes about her love for handloom Queer Muslims in India face heightened Saris and how they allow her to find an Building Through threats as we navigate the intersections articulation of her gender identity and Stories of rising authoritarianism; increased Bengali Muslim cultural heritage in the religious polarisation fuelled by United States. By Rafiul Alom Rahman communal and divisive rhetoric of Founder, The Queer Muslim Project Hindu nationalist leaders; sustained At the heart of these campaigns Email: [email protected] economic disparities; and patriarchal lie the idea that there is no one politics aimed at policing our bodies and desires, our right to access sexual way to be queer or Muslim, and reproductive health services, enjoy and that our movement needs In India, LGBTQI Muslims are legal gender recognition or opt for to embrace the multiplicity of disproportionately affected by same-sex partnerships. Fundamentalist experiences and stories that the ideas around sexual and bodily rights religious and gender norms, coupled with Islamophobic attitudes community has to offer. discriminatory social attitudes, in conventional queer spaces renders and economic inequality – often LGBTQI Muslims invisible and largely As a young queer person growing up carrying the burden of a ‘’double absent from existing sexualities in a conservative village on the India- scholarship and activism in India. Bangladesh international border in minority’’ status. Assam, I did not know there were other people like me. Today, our community of As a teenager growing up in a lower Fundamentalist ideas around over 13,000 people on Instagram, mostly middle-class Muslim home in India’s sexual and bodily rights coupled youngsters, know that their experiences Northeast, I remember, once, asking a with Islamophobic attitudes are valid and they are not alone! I am friendly Maulana if my desire for people in conventional queer spaces excited about the many possibilities that of the same-sex was a sin. Taking me to a queer Muslim politics has to offer, a corner, he advised me that I should renders LGBTQI Muslims cutting across South and South East fast, pray, and atone for my unnatural invisible and largely absent from Asia, Middle East and North Africa or behaviour by taking cold showers existing sexualities scholarship the West. At its core, we must be able to each time a thought crossed my mind. and activism in India. imagine a world that is guided by a sense With no knowledge of sexual rights of radical compassion and where people or alternative Islamic interpretations enjoy the highest standards of dignity, around homosexuality, it was extremely The Queer Muslim Project has worked to freedom and justice. difficult for me to reconcile my faith and centre queer Muslim voices through the sexuality as I grew up. use of Instagram. We have used digital advocacy to build an intersectional In India, LGBTQI Muslims are dialogue and highlight the diverse disproportionately affected by religious stories of queer Muslim individuals Notes & References and gender norms, discriminatory social from around the world through a series 1. Kurian, Tony. What it means to be on Tinder as a person attitudes, and economic inequality – of thematic and targeted campaigns with an identifiable disability. Medium.com, Jan 9, 2018. https://medium.com/skin-stories/what-it-means-to-be-on- often carrying the burden of a ‘’double around Ramadan, pride, self-affirmation, tinder-as-a-person-with-an-identifiable-disability-b3ad50d4a677. minority’’ status. Sexuality in Muslim life goals, etc. At the heart of these 2. Association for Progressive Communications. (2011). EROTICS: Sex, rights and the internet. Retrieved from communities is often relegated to the campaigns lie the idea that there is no https://erotics.apc.org/sites/erotics.apc.org/files/erotics_ private sphere leaving the space open one way to be queer or Muslim, and finalresearch_apcwnsp.pdf. for silence, shame and abuse. The idea that our movement needs to embrace that homosexuality is ‘sinful’ in Islam, the multiplicity of experiences and and the lack of support in families, stories that the community has to offer. educational institutions and faith-based One story that particularly speaks to spaces, often drive LGBTQI Muslim me is that of Sal, a Chicago-based 21 in our own words arrow for change | vol. 25 no. 1 2019

Rima Athar is a coordinator for the INVISIBILITY AND ERASURE Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) WITHIN LGBTIQ COMMUNITIES: Email: [email protected] An Interview with Rima Athar

In this interview, ARROW spoke with really focused on a harm reduction use these terms, and some people very Rima Athar, coordinator of the Coalition base and a sex positive and affirmative strongly identify with them, they do for Sexual and Bodily Rights in Muslim approach. not necessarily work for much of the Societies (CSBR). She is a researcher, world, and they are erasing different trainer, analyst and strategist whose I also couldn’t separate my sexuality understandings of sexualities and work focuses on strengthening feminist from other aspects of my identity. Issues genders that exist, and have existed, and organising for human rights. Rima shared of racial justice, what it means to be an the indigenous, local languages people her own experiences within her many ethnic and religious minority or majority, may use for them. Across human rights years of activism and what can be done migrant experiences, economic justice, movements, English language primacy, a to create more inclusive spaces. access to food, access to education – focus on European and North American these all started to come together in terminologies, discourses and analysis, Please tell us briefly about your terms of my activism. So my organising and the ways this informs global policy activism journey. How did you start around sexuality, and sexual and gender on all sorts of rights, can present a working on issues about sexuality, and diversity, was always embedded within a challenge to how we articulate the right sexual and gender diversity? broader approach to social justice. to sexual and bodily autonomy locally. So in my own work, I’m not really interested This journey started when I went to “An important issue to recognise in ‘LGBTIQ rights’ as if they exist in a college for my undergraduate studies. I vacuum; I’m interested in creating spaces was lucky enough to be in a city where and discuss when it comes for understanding around sexual integrity civic engagement and community care to erasure and invisibility, is and bodily autonomy and what that was really prominent, and there were language. I think the fact that means in terms of rights for everyone. many ways for people to get involved. I we are using this terminology was initially drawn to and really enjoyed I think invisibility is created, all the doing work around sex education. I had “LGBTIQ” and what that stands time, and it’s related to power dynamics moved around a lot, and seen that even for—‘lesbian, gay, bisexual, and privilege. It’s related to who has though I’d had snippets of education transgender, intersex, and the access, capacity, space, support, about biology and the mechanics of sex queer,’ and its variations—is in and platforms to be visible, vocal and in some schools, we didn’t ever have any public. For a long time within LGBTIQ of itself a form of erasure.” exploration holistically around ourselves movements, it was really about the as sexual beings and what sexuality “G”. When I think about erasure and was. At this stage I was coming into What are your thoughts on the invisibility, I think about solidarity. What my own sexuality as well, and I started erasure and invisibility of different does solidarity actually mean within and volunteering with AIDS Community Care identities and issues within the across movements, and how are we that had an Education and Prevention LGBTIQ+ movement and discourse? really going to address this? I’m glad programme. I realised there how much to see a moment now where there is we have to take on the work ourselves An important issue to recognise and finally some recognition across LGBTI in our communities if we want to see discuss when it comes to erasure and movements in Asia of lesbian, bisexual the change, while we’re also working invisibility, is language. I think the fact and queer women’s specific needs. We towards policy level change. In that that we are using this terminology have a little more space to come to the programme, we would do workshops in “LGBTIQ” and what that stands for— forefront and discuss rights and justice high schools and community centres, ‘lesbian, gay, bisexual, transgender, from an intersectional lens, but we need with modules on safer sex, safer tattoo intersex, and queer’, and its variations—is much more support. art, risks of drug injections, and we in of itself a form of erasure. While we 22 arrow for change | vol. 23 no. 3 2017 inspotlight our own words

Rights and erasures also depend on “The entire process of working to Lesbian, Bisexual and Queer Women’s where you are geographically and the co-create the forum was for me conference, which was really exciting. We current political climate. For example, a response to the longstanding had people from 111 countries there, and in South Asia we’ve seen such progress it felt like a historic moment in LGBTIQ being made in terms of legal gender erasure that I’ve experienced. As organising but also feminist organising, recognition, but what we don’t have a feminist organiser, as a lesbian, as we’ve never really come together as space for is conversations on sexual as a person who has been doing LBQ women and non-binary people at the orientation and what it means to be human rights work for so intersections of movements. The entire visible as lesbian, gay, and bisexual process of working to co-create the forum long—I hadn’t ever seen that people—other than perhaps in India was for me a response to the longstanding where they’ve finally dismantled the space created for people at those erasure that I’ve experienced. As a colonial law used to criminalise same intersections.” feminist organiser, as a lesbian, as a sex relations. In general, invisibility person who has been doing human rights happens because we’ve just lumped all of Do you think this is a big issue in the work for so long—I hadn’t ever seen these identities together, but there is an Global South as it is in the West? that space created for people at those important need to distinguish what marks intersections. So a challenge of erasure our different experiences and realisation Because erasure and invisibility is linked then, is that you have to imagine and build of our rights. to power, privilege and access, I would your own spaces. At a certain point you say that it is a universal challenge. It’s just change the scales and the narrative to Another thought is, for example, how not just within the LGBTI organising, but address it head on, and there is a power in a lot of the ways we can talk about sex any movement. Who has access, whose coming together like that. positivity may also be alienating for those stories get told, who makes the decisions? who identify as asexual. So how do we I also don’t think it’s necessarily different Erasure obviously has extremely harmful build discourses that affirm everyone, in terms of Global South vs. Global North effects on our organising–it leads to no matter their levels of sexual activity, spaces. In fact, I would say that personally fragmentation, people being further when we explore sexual expression? for me, erasure/invisibility is more of an marginalised, gaps in the organising and issue in the Global North because as a advocacy agendas, and makes access to Generally the biggest challenge I see is lesbian brown woman of Muslim heritage, justice impossible. So for me, it’s about that with the extreme focus on SOGIESC if I am organising in Canada or Europe, I our responsibility—if we don’t have these identities, we lose sight of our broader am marginalised and targeted on so many discussions, if we’re not honestly looking struggles. So how are LGBTI movements levels and find it extremely challenging to at our shortcomings as organisers, and organising across the bigger systems have to constantly fight for solidarity and how we may perpetuate invisibility and issues, including disability rights, understanding. Whereas if I am organising marginalisation, then we are doing a great indigenous people’s rights, sexual and in Indonesia, those tensions around racial disservice to our own movements. By reproductive health, climate collapse, and ethnic identity are not as prominent, challenging erasure and invisibility, we are holding corporations to account for and do not feel as immediate. I also have actually uplifting all of ourselves. human rights violations, economic other kinds of privilege to draw on there. justice, migrant rights, and so on? For So for me, it’s not a question of North or What are some of the ways you think me, it’s about a holistic approach. We get South, East or West. In fact, I think those would be best to address this and to be so locked in certain ways of advocating terms need to be exploded a little bit more inclusive in the discourse around for our rights and thinking about what because I don’t think they are as relevant LGBTIQ+ rights? obtaining rights and justice means for anymore to our understanding of our certain sets of people, and I think we global integrated world. As a network, we recently collaborated forget the relational level and how we with Qorras, a Lebanese group, to need to come together at the systems Over the years you have spent in organise a convening by and for trans level. activism, what do you think are some activists across the MENA and SSEA of the biggest impacts that this erasure regions to strategise, share resources, has on certain communities? map the landscape, and really look at what it means to strengthen trans-led I just came from Cape Town where we organising. CSBR is not a trans-led organised the first ever Global Feminist network, so this collaboration was built 23 in our own words arrow for change | vol. 25 no. 1 2019

around a praxis of solidarity work that At a certain stage, I think this language of to honestly reflecting on the ways strengthens community-led processes. inclusivity also needs to be conceptually in which we have let people down in Another convening we held was network interrogated. It’s often starting from our communities, and be able to take building support by and for queer and a premise of ‘certain people are here responsibility. The times I’ve seen trans Muslims in Asia, which was also and belong, and then we choose to let growth and transformation, is when about amplifying localised, contextual other people into the circle.’ If we had we’ve conceived what it means to call experiences, languages and strategies so a different starting point, then perhaps people in together to move forward. that the work is rooted locally and really our approaches to inclusive organising There’s emotional work and energy community-led. I think our organising wouldn’t be premised on certain people that has to go into that, but I think we needs to be grounded in intentional having access and being gatekeepers. have to be able to address conflict collaborations with values and ethics with care and accountability in order to premised on solidarity. And that means Any other final thoughts? create restorative and transformative some of us have to release our grips on frameworks, and to be committed to privilege, and use it to amplify rooted How we engage with each other is that praxis in order to actually address work and strengthen diverse struggles. really important. We need to be open erasure, invisibility, and inclusion moving forward.

MAKING SPACE FOR SEXUAL RIGHTS WITHIN THE RELIGIOUS SPHERE

Religion has long been an area of contention when it comes to issues of sexual rights. This article looks at the stories and testimonials of two sexual rights and SOGIESC rights advocates who have attempted to reclaim the religious and cultural argument and examines how they have asserted their sexual rights within their own faith in a world that routinely pits religion and sexuality against one another.

Islam and Sexual As she ran out of the lab and into the Even though this Pandora’s Rights: Insisting toilet, another friend and I rushed out Box of knowledge about sex behind her much to our teacher’s chagrin, and sexuality had its lid lifted that Youth Walk and in there, we were clueless as to what to say and what to do. In the end, we told slightly, there was still a denial on the Tightrope of her to talk to her mother and to trust that within me to fully rip the lid Ignorance her mother would know what to do and off and open it simply because how to help her. I didn’t know who to talk to By Rozana Isa Executive Director, Sisters In Islam Even though this Pandora’s Box of about it, honestly, openly, and Email: [email protected] knowledge about sex and sexuality confidentially. had its lid lifted slightly, there was still a denial within me to fully rip the lid Days later, I was back in the bliss of off and open it simply because I didn’t ignorance, my friend taking part in My first realisation that sex is real and know who to talk to about it, honestly, physical education, right as rain and that it is an act with serious consequences openly, and confidentially. I knew enough everything was back to square one. A happened when I was 15 years old. that it wasn’t something I should talk brief chapter resolved and closed and During the double science period, in the about to others because then, it meant never thought of again for many years. laboratory, a friend was crying into the exposing my friend, even though I wasn’t bunsen burner because she discovered particularly close to her. This took place in the pre-Internet era. she was pregnant. Today, with information available at the 24 arrow for change | vol. 25 no. 1 2019 in our own words

tips of our fingers, I cannot be certain We must realise the fact that putting the Brahman. Unlike Judaism, Christianity, if the situation is necessarily better for fear of God and the demands of religion and Islam, which focus on the actions of young adults and teenagers than before. doesn’t stop people from having sex. The a single lifetime, Hindu belief centers on myth and fear that talking about sex and a continuous process of birth and rebirth Thirty-two years ago, child marriage was sexuality encourages people to have sex that ultimately releases the true self from unheard of at the time. Even though the must be dispelled. The outcome of talking the limitations of body and the ego—a existence of the Syariah Criminal Offences about sex and recognising diversities in freeing of the spirit called moksha. Act wasn’t in our awareness, there was sexualities is to affirm that teenagers and knowledge and consciousness that pre- young adults have the power and agency Hindu sacred texts, however, do not marital sex isn’t approved in Islam and to determine who they are and what they distinguish between heterosexual and culturally as well. want in life. This knowledge is their first homosexual acts. While Hindu sacred safety net towards saving lives, including texts do not specifically use those terms So if you were doing it, you didn’t talk their own. If there is a position to take in (heterosexual and homosexual), they about it openly, even with your friends. the name of Islam, this would be it. do distinguish between procreative Safe abortions were accessible if you had sexual acts (within marriage) and non- the money. You hear about baby dumping procreative sexual acts such as oral, etc. occasionally but it didn’t appear in the The latter are explicitly discouraged not news every other day compared to recent Hinduism and for the common man but for brahmins and years. Sexual Rights priests.

Teenagers and young adults ... By Dr. Santosh Kumar Giri I was 17 years old, the day I informed my need to have access to peers Secretary and Executive Director, Kolkata Rista family of my lifestyle preference. To my Email: [email protected] surprise, I got a good whipping from my and adults whom they can grandfather before being sent off to a trust to have these difficult local priest, my father shamefully in tow. conversations, with In most Hindu communities, the local consciousness and compassion, In a historic ruling, the Indian Supreme priest (commonly referred to as panditji) Court scrapped a provision of the holds the answer to every problem, as he in ways that guarantee their discriminatory Section 377 of the is the messenger of God. safety, without judgement or Indian Penal Code on September 6, prejudice. 2018, marking a huge victory for the After a good confession, the pious- LGBT community. While the ruling has likened panditji took me into a room for I realise now that there was a huge decriminalised homosexuality in India, “treatment”. He held me in his arms, and disconnect between what I thought I discussions about one’s sexual orientation began kissing me. To my utter horror and knew and what I really needed to know. remains a taboo. disbelief, he expected me to reciprocate. All this points to the fact that we need to I succumbed to the feeling of finally being have comprehensive sexuality education India is one of the most ancient countries accepted for who I truly was, going on to provided regularly. in terms of culture and religion. It is a pour my sorrows on how I deeply wanted melting pot of belief systems. Although to express myself in the same ways to my Teenagers and young adults must know advanced in religious philosophy, disgust lover but was forbidden to do so for it that they have control over their bodies, and contempt have been central themes was against the norms of society and my how to claim control in relationships of its LGBT society. With the British family. so that they can make decisions from came shame and disapproval resulting choices based on factual knowledge. More in taboos over sexual orientation Panditji assured me that it was not importantly, they need to have access and sexual identity. The bullying and because the act of love was shunned, but to peers and adults whom they can trust violence that ensued following the lack because my lover was from a lower caste. to have these difficult conversations, of understanding and acceptance has He went on to say that it was perfectly with consciousness and compassion, in resulted in massacres and suicides. alright for me to be with him instead as ways that guarantee their safety, without we were both from the same stature. I judgement or prejudice. In Hinduism, deities can take many forms, informed my father, and although he was but all combine in the universal spirit of shocked beyond belief, he took me home 25 in our own words arrow for change | vol. 25 no. 1 2019

comforting me with words of courage, the metamorphosis or incarnation of We see the blending of male and female dignity, pride, and bravery. gods. The story of Lord Shiva merging gods repeatedly throughout Hindu with the goddess Parvati is one of the teachings, as well as on certain temple It occurred to me that while we are most well known in Hindu folklore. In the walls. We see the morphing of male gods experiencing a modern enlightenment in original telling, Parvati wanted to share into female avatars, and often this would the way we perceive gender and sexuality, the experiences of her Lord Shiva. So result in sexual encounters that didn’t fit a in truth, these ideas are nothing new. she asked God to join them together. heteronormative box. In this bond they became known as The Vedas are the oldest religious text Ardhanarishvara, which means “The Lord Of course, homoerotic romance is not in recorded history. It dates 6,000 years whose half is a woman.” the only part of Hinduism that deals with before the Christ, and 5,000 years before queer issues. Themes of transgender the birth of Islam. It is full of many sensual It occurred to me that while and intersex people are incredibly strong and sexual acts; however, they are rarely in the religion’s teachings. Throughout performed for pleasure. More often the we are experiencing a modern Hindu teachings, homosexuality and acts are done as a symbol or metaphor to enlightenment in the way we gender fluidity are never explicitly a deeper lesson. perceive gender and sexuality, condoned or condemned. But yet they are in truth, these ideas are nothing depicted again and again through stories One of the main ways we see queer and images. new. themes presented in Hinduism is through

monitoring national and regional activities

By Arvind Narrain DECRIMINALISING THE RIGHT Director of Research and Practice, ARC 1 International TO LOVE: An Indian Success Email: [email protected]

September 6, 2018 marked a historic getting the Supreme Court to read down victory for a vibrant and vociferous LGBT the law. The judgment itself paid homage is best captured by Malhotra J. who says, movement in India when the Supreme to the struggle and wove a magnificent “history owes an apology to the members Court, in its decision in Navtej Singh tapestry out of concepts such as apology, of this community and their families, for Johar v. Union of India,2 struck down the the right to love, dignity and privacy, and the delay in providing redressal for the 1860 law criminalising the lives of LGBT constitutional morality. ignominy and ostracism that they have persons. The law was a colonial leftover suffered through the centuries.” and versions of this law still menace the Chandrachud J. in his opinion, lives of LGBT persons from countries characterises Section 377 as a “colonial As Chandrachud J. puts it, “It is difficult such as Singapore and Malaysia in South legislation” which has made it criminal to right the wrongs of history. But we East Asia, to Bangladesh and Pakistan in for “consenting adults of the same can certainly set the course for the South Asia, Ghana and Uganda in Africa, gender to find fulfillment in love.” The future. That we can do by saying, as I and to Jamaica and St Guyana in the effect of legislations such as Section 377 propose to say in this case, that lesbians, Caribbean. on LGBT lives led him to observe that gays, bisexuals, and transgenders have a “civilisation has been brutal.” constitutional right to equal citizenship in Since the first legal challenge was filed all its manifestations.” in in India in 2001, Section 377 has been This extended meditation on the suffering a key priority for LGBT activists. In 2018, imposed upon LGBT persons resulted in a This judgment can be seen as taking after seventeen long years of a struggle judicial apology. Navtej Singh Johar takes four different paths to “right the wrongs waged in the courts as well as on the responsibility for having inflicted wrongs of history.” Misra C.J. wrote for himself streets, activists were successful in and seeks to atone for it. This sentiment and Khanwilkar J. Justices Nariman, 26 arrow for change | vol. 25 no. 1 2019 monitoring national and regional activities

Chandrachud and Indu Malhotra wrote The decision itself built upon thus serves as a lever to pry open the separate concurring opinions. All justices a history of struggle carried oppressive structures of caste, religion agreed with the conclusion that Suresh and gender, creating an opportunity to Kumar Koushal,3 the previous two judge out relentlessly over the last take forward an intersectional politics. bench decision upholding Section 377 was quarter century waged by overruled and that Section 377 should thousands of people across However a lot of work remains to be be struck down insofar as it criminalised the country, has succeeded done as the challenge of eliminating the consenting sex between adults. prejudice that the law has fostered is in creating a space of visibility still immense. It is this immense task of Chandrachud J. quotes Leila Seth C.J. and acceptance in Indian combatting the prejudicial attitudes that to make the point that “what makes life society around the loves and were encoded in Section 377 that has to meaningful is love.” The right to love lives of the LGBT community. continue. emerges as a key aspect of the judgment with Chandrachud J. recognising that, At an international level the impact “the right to love and to find a partner, to By explicitly setting out the Court as a of the judgment in the short term has find fulfilment in a same-sex relationship guarantor of minority rights, regardless been immense and in the long term it is essential to a society which believes in of the opinion of ‘popular or legislative is immeasurable. For a country in the freedom under the constitutional order majorities,’ the Court signals its Global South of the size and influence based on rights.” determination to defend the Constitution. of India to decriminalise same sex In a time when lynchings have become relations sends a clear signal that anti- The right to love has profound the order of the day and government sodomy laws are a colonial import and implications in a society in which love remains a mute spectator, the role that to dismantle them is to honour national across lines of caste and religion are the Courts have to play in safeguarding constitutions and is an act of belated so transgressive that individuals are the right to life of minorities of all stripes decolonisation. In fact the judgment has killed by their own families. ‘The right and hues cannot be overstated. already been cited by the Botswana court to love’ has the potential to disturb in its decriminalisation decision and rigid social moralities and help us to The decision itself built upon a history unsuccessfully by the Kenya Court in its begin questioning the structures which of struggle carried out relentlessly decision to retain the anti-sodomy law. keep in place the unyielding hierarchies over the last quarter century waged by of Indian society be it on the lines of thousands of people across the country, One hopes that the influence of caste, religion, gender, or sex. In fact has succeeded in creating a space of Navtej will result in the progressive Chandrachud J. appositely called the right visibility and acceptance in Indian society decriminalisation of same sex conduct to love “not just a separate battle for around the loves and lives of the LGBT and decolonisation of legal systems LGBT individuals but a battle for us all.” community. across the Global South.

The idea that majority opinion should The impact of this judgment at a national prevail over the right to dignity and level is to firmly signal that LGBT persons liberty of the minority was explicitly are entitled to full rights under the Indian Notes & References rejected by the judges. As Nariman constitution. The judgment is also based 1. Right to Love. Navtej Singh Johar Vs Union of India: A J. put it, ‘it is not left to majoritarian on an intersectional understanding as it Transformative Constitution and the Rights of LGBT Persons. governments to prescribe what shall be communicates that the Constitution must Pg 9-11. September 2018. http://altlawforum.org/righttolove_ pdfversion/. orthodox in matters concerning social transform and democratise relations in 2. Supreme Court of India. Navtej Singh Johar vs Union morality.” The judges in this context society be it between dominant caste Of India Ministry Of Law And Justice on 6 September, 2018, https://indiankanoon.org/doc/168671544/. reference the idea of ‘constitutional and oppressed caste, man and woman 3. G Singhvi. Supreme Court of India. Suresh Kumar Koushal morality’ and the idea that Indian society as well as majorities and minorities of & Anr vs Naz Foundation & Ors on 11 December, 2013. https:// indiankanoon.org/doc/58730926/. must transform to bring social morality every stripe and hue. This judgment has 4. Botswana: Criminalisation of Consensual Gay Sex is into conformity with the constitutional strengthened the hand of civil society in Unconstitutional. African Legal Information Institute. June 12, 2019. Letsweletse Motshidiemang v. Attorney General, https:// ideals of respect for the dignity and the struggle to ensure full respect not africanlii.org/article/20190612/botswana-criminalisation- autonomy of all its citizens. just for the rights of LGBT persons, but consensual-gay-sex-unconstitutional. also for all those who love across lines 5. EG v. Attorney General, https://www.kelinkenya.org/ wp-content/uploads/2019/05/Petition_150__234_of_2016_ of social prohibition. The ‘right to love’ Consolidated_Judgement.pdf. 27 monitoring national and regional activities arrow for change | vol. 25 no. 1 2019

By Lucía Berro Pizzarossa MIND THE GAP: Research Fellow, University of Groningen Trans Rights Reform In Uruguay Email: [email protected] and Alejandra Collette Spinetti Núñez National Director, Colectivo Trans del Uruguay In October 2018, the Uruguayan Parliament evidence showed that trans people Email: [email protected] passed law 19.684, the “Comprehensive reported “widespread discrimination” Law for Trans People” [Ley Integral para when accessing the job market.4 Personas Trans], positioning itself as “Identifying as lesbian, gay, bisexual, the country with the most progressive transgender or intersex is not genetically legal framework for trans rights in the or biologically hazardous,”5 however, of sex/gender, the process for changing region. On April 2019, the executive according to the director of the National name and gender marker is simplified by decree regulating the implementation Health Services Administration (ASSE), the law and no longer requires a judicial details was adopted.1 The law is now in the life expectancy for trans women in procedure. Moreover, scholarships and force and hundreds of Uruguayans can Uruguay is just 45 years old—which is 32 educational incentives will be provided to access gender affirming health services, years below the average for the general ensure access to education at all levels. and change their name and or gender population.6 The law also reserves 1% of jobs in the marker in their documents among other government for transgender people. recognised rights. This law has been in The law is now in force and Lastly, the law sets up a fund to pay the works for years and its adoption is the economic reparations to trans people who hundreds of Uruguayans can product of the hard work of organised civil faced persecution during the country’s society under the slogan “Ley Trans Ya.”2 access gender affirming health dictatorship from 1973 to 1985. The approved text was drafted in May 2017 services, and change their in permanent dialogue with the parliament, name and or gender marker in This law has survived a legal challenge human rights organisations and religious their documents among other posed by the most conservative sector institutions that opposed the reform. in the country. 70,000 signatures were recognised rights. This law has obtained in order to hold a referendum The urgent need of a law recognising been in the works for years and hoping to repeal the law. The initiative was trans rights was marked by the data its adoption is the product of spearheaded by both religious (Evangelical resulting from the first national census the hard work of organised civil and neo-Pentecostal churches) and of the trans population. Designed to (seemingly) secular (“Con mis hijos no tackle the dearth of data available and society under the slogan “Ley te metas”) organisations. Authorities therefore lack of solid evidence to design Trans Ya.” of the Catholic faith in Uruguay did not public policy, the census found 933 support the initiative. The campaign people identified as trans in Uruguay.3 This law gives a response to the stark argued that the law gives “preferential 90% of trans Uruguayans identify as reality unveiled by the census and treatment to transgender people,” denies trans women and 10% as trans men. The recognises rights to education, work, “biological truths” and imposes “gender data collected by the Ministry of Social health care services and more. It ideology.”7 This campaign was largely Development and the National University provides for the incorporation of the based on misinformation and represents (MIDES and Universidad de la República) variable “gender identity” in all the the growing trend in Latin America to shows that 60% of this population was official statistical information systems, use the concept of “gender ideology” discriminated by their families and 88% ensuring visibility and accurate collection by right-wing conservative politicians were discriminated within the educational of disaggregated data. It defines supported by conservatives in the Catholic system. This, in turn, results in lack of gender-affirming surgery and hormone and Evangelical churches. As noted by access to education and health services replacement therapy as a human right, Garbagnoli, the term gender ideology is profoundly affecting people’s right to and ensures those treatments will be paid “a controversial invention of the Catholic live a life with dignity. Consequently, for for by the Uruguayan state. No judicial or conservative circles which aims to example, 25% left their family home at 18 administrative authorisation is required caricature and thus to delegitimise a field years old and 75% of trans Uruguayans for people over 18 years old. Although still study” and justify discrimination.8 The didn’t finish high school. Furthermore, restricted to the binary construction pre-referendum was held in August but it 28 arrow for change | vol. 25 no. 1 2019 monitoring national and regional activities

fell significantly short of the percentage their needs and in line with accurate data. (2012 - February 2014), 18 March 2014, URY104818.E. Available: https://www.refworld.org/docid/54bf66204.html. Accessed 25 threshold needed to succeed. Fewer than In this sense, the Uruguayan law can serve Jun 2019. 10% of eligible voters participated—a as a blueprint for other countries in the 5. Müller, A., 2017. Scrambling for access: availability, turnout of at least 25% was required— accessibility, acceptability and quality of healthcare for lesbian, region and to foster further developments gay, bisexual and transgender people in South Africa. BMC and the law is still in force. This pre- at the national level. However, we must International Health and Human Rights, 17(1), p.16. Logie, C., referendum cost the country 230,000 remain vigilant of initiatives pushing for 2012. The case for the World Health Organization’s Commission on the Social Determinants of Health to address sexual dollars, the equivalent of more than 34 retrogressive measures and be cognisant orientation. American Journal of Public Health, 102(7), pp.1243- months of the reparations provided by that while progressive legislation can 1246. Pega, F. and Veale, J.F., 2015. The case for the World Health Organization’s Commission on Social Determinants of 9 the law. While we celebrate the win, this pave the way for cultural change, more Health to address gender identity. American Journal of Public pre-referendum reiterates the dangerous comprehensive strategies need to be Health, 105(3), pp.e58-e62. 6. World Bank Database. 2018. Uruguay Global Leader on assumption that trans and gender-non- adopted to effectively guarantee the full LGBT Rights. Available at: http://www.worldbank.org/en/ conforming people’s rights are up for enjoyment of human rights. news/feature/2016/07/21/uruguay-global-leader-lgbti-rights. Accessed 26 Jun 2019. public debate and our bodies continue to 7. El Pais. 2019. Presentaron 69.360 firmas para realizar un be political battlegrounds. referéndum en contra de la ley trans. Available at: https://www. Notes & References elpais.com.uy/informacion/politica/presentaron-firmas-realizar- referendum-ley-trans.html. Accessed 26 Jun 2019. Amidst a regional and global backlash, 1. Documents only available in Spanish. Law and Decrees 8. Garbagnoli, S., 2016. Against the Heresy of Immanence: this law undoubtedly represents a step available at: https://bit.ly/2X0WJlD. Accessed 26 Jun 2019. Vatican’s ‘Gender’ as a New Rhetorical Device against the 2. ‘Ley Trans Ya’ translates as ‘Trans Law Now’ Website of the Denaturalisation of the Sexual Order. Religion and Gender, 6(2), forward. It builds on previous laws that Campaign. 2019. Available: https://leytransuy.wixsite.com/. pp. 187-204. Miskolci, R. and Campana, M., 2017. “Ideologia recognised sexual and reproductive 3. Presentes. 2018. Uruguay tiene el primer censo estatal de gênero”: notas para a genealogia de um pânico moral de personas trans. Available at: http://agenciapresentes. contemporâneo. Sociedade e Estado, 32(3), pp.725-747. rights, the right to marry for same-sex org/2018/05/07/uruguay-tiene-el-primer-censo-estatal-de- 9. Montevideo Portal. 2019. Gastos de pre referéndum por couples and the right to gender identity personas-trans/. Accessed 07 Aug 2019. ley trans equivalen a 34 meses de prestaciones reparatorias. Available at: https://www.montevideo.com.uy/Noticias/ and expand these rights to the trans 4. Canada: Immigration and Refugee Board of Canada, Uruguay: Situation and treatment of sexual minorities, Gastos-de-pre-referendum-por-ley-trans-equivalen-a-34-meses- community tailoring the interventions to including legislation; state protection and support services de-prestaciones-reparatorias-uc724319. Accessed 07 Aug 2019.

By Sarah Suhail THE QUESTION OF GENDER Feminist Collective/O Collective AND SEXUALITY IN PAKISTAN Email: [email protected]

The right to sexuality is a part of the However, when these rights are spoken rights of the Khawaja Sira Community bundle of rights to live with dignity. It is about in the context of Pakistan, many and transgender community. part of the rights of a human being to be areas of society believe that this is able to express desire and be desired, foreign ideology or that it is against our The work of the Khawaja Sira community and to be able to turn this expression of culture and religion, rather than accept and organising that they have been desire into a loving relationship or many this form of diversity. able to carry out is remarkable. This is loving relationships. also because they are at the forefront Yet, the specter of queerness haunts of those who experience violence and This relationship could form the part of the structures of heterosexuality and cis oppression. As sexuality can be “hidden” a family that could be the home to raise gender privilege in Pakistan. Compulsory if the person is otherwise cis presenting, children. To have a deep, meaningful, heterosexuality and making sexuality a the movement to accept diverse sexuality loving and satisfying relationship that is taboo subject of conversation only works does not have the same levels of recognised and respected in society, and towards harming individuals in society organisation and visibility. not reviled and made illegal. Such is the and creating injustice. condition of queer people in Pakistan It is more comfortable for people to and many other countries in the world as However, in spite of these obstacles, remain under the umbrella of Khawaja well. work has continued in the form of the Sira activism and do their work in a less feminist movement or the movement for public manner. The fluidity of gender and sexuality is a biological and social 29 monitoring national and regional activities arrow for change | vol. 25 no. 1 2019

fact. The constructed and heavily policed human rights and civil society groups and Act after being passed in both Houses of boundaries of what it means to be male is a country that opposes recognition and Parliament in May 2018. and female are the impediment to self- protection of human rights on the basis realisation of communities of people. of SOGIEC, there is an acknowledgment However, shortly afterwards Parliament at the societal and governmental levels was dissolved and a new government As in many Asian countries, the role of for the historically constituted Khawaja came to power in September 2018. the family is paramount to success. For Sira community. Consequently, the protection of people who are gender diverse this is Transgender Rights Act has not been harder to hide and therefore they are The law as it stands is an on the agenda of the new government expelled from the family at a young age. and the rules of the new Act have The Khawaja Sira system has developed affirmative federal law that not yet been drafted to facilitate its a corrective to this situation in the makes self-perception the implementation. Guru-Chela system, where people of basis of gender recognition. diverse sexuality can (at most times) This is a crucial progressive The law as it stands is an affirmative hide their sexuality If they are cis-gender federal law that makes self-perception presenting. This allows them to live dual improvement in the legal the basis of gender recognition. This lives - one for their family and the other position of both Trans and is a crucial progressive improvement outside. Intersex individuals in in the legal position of both Trans and Pakistan since it recognises the Intersex individuals in Pakistan since it recognises the sovereignty of the person The fluidity of gender and sovereignty of the person in sexuality is a biological and in terms of determining their own gender terms of determining their own identity and expression and is in line with social fact. The constructed and gender identity and expression international principles. heavily policed boundaries of and is in line with international what it means to be male and principals. Based on this provision the person has female are the impediment to the right to have their official documents changed in line with their self- self-realisation of communities As the international scenario shifts perceived gender. The act also prohibits of people. towards greater acceptance of diverse discrimination against transgender genders and sexualities, Pakistan is also people, imposing a responsibility on the Structurally this works in some ways for making slow but sure strides in that government to take positive steps to men as they have patriarchal privilege. direction. Albeit critically, this may be a sensitise government departments and However for women, the pressures of return to rather than newly becoming a set up facilities for transgender people. It compulsory heterosexuality and the more open and accepting society, one reinforces the right to education, health, notion that are they are the property of that may have existed previously before inheritance, employment, vote, assembly their husband’s family prevents them colonisation and the imposition of British and the right to access to public spaces from having the same privilege. Victorian gender categories reinforced and hold public office among other Marriage can lead to highly violent later by nationalist Islamist zeal. important rights. situations, especially for lesbians when they may be married off by force, though Given this context, after extensive there are many lesbian and bisexual campaigning by Khawaja Sira, women who find ways to live with their transgender activists, feminist groups, Notes & References partners. The picture is a complex one civil society groups, international non- 1. Khawaja Sira are a historically, socially and politically and people of diverse sexuality and governmental organisations, and certain constituted community of people whose gender expression gender have found a myriad of ways to members of parliament, a bill was predominantly conforms to femininity. They have a long and complex history in the sub-continent and are a testament to survive. presented in Parliament to protect the gendered diversity in the South Asian Context. right of Transgender people. Through 2. A alternative family system where an older Khawaja Sira will take a younger Khawaja Sira under their wing and mentor One such way was to push for legislative lobbying efforts by different groups and them, provide them a space and other tangible cultural social change for the Khawaja Sira and specifically an alliance between Khawaja and economic information. The responsibility of the Chelas or transgender community. Even though Sira, trans and feminist activists, a more Mentee is to fulfill the requirement the gurus set for them. They will give the gurus a percentage of their earnings among other Pakistan has increased its clampdown on acceptable version of the bill became an responsibilities. 30 arrow for change | vol. 25 no. 1 2019 monitoring national and regional activities

By Ryan V. Silverio BRUNEI: Regional Coordinator, ASEAN SOGIE Caucus A Reflection on the Ongoing Saga Email: [email protected]

A wave of global criticism confronted cause for concern as the law is “full of ASEAN remained silent, but Brunei’s full enforcement of the Syariah Allah’s mercy and blessings” and is not not its civil society. A statement 7 Penal Code (SPC) this year. United meant to inflict cruelty on others. signed by more than 100 Nations High Commissioner for Human Rights, Michelle Bachelet, appealed The SPC criminalises consensual organisations urged Brunei to halt the law’s entry into force.1 “extramarital sexual relations,” including to respect the ASEAN Human The European Parliament adopted a pre-marital sex and consensual same-sex Rights Declaration and warned 8 resolution that expressed deep concern relations. The law employed the term that the country “will set a and noted how Brunei is moving in the “liwat” or “sexual intercourse between a dangerous precedent for its opposite direction given the fact that man and another man or between a many countries are moving towards man and a woman other than his wife, neighbouring countries in decriminalising consensual same-sex done against the order of nature that is Southeast Asia and broader 9 conduct.2 During its recent Universal through the anus.” Meanwhile, the law Asia.” Periodic Review, several countries used the term “musahaqah” to denote recommended the decriminalisation sexual relations between women. As of consensual same-sex relations and defined in the SPC, “musahaqah” means Furthermore, the law imposes severe guaranteeing equal protection on the “physical activities between a woman and restrictions on freedom of religion, basis of SOGIE.3 another woman which would amount to belief and expression by penalising the sexual acts if it is done between a man printing, dissemination or distribution ASEAN remained silent, but not its civil and a woman, other than penetration.”10 of information that is contrary to the society. A statement signed by more than Those convicted may be sentenced to Syariah Law.14 100 organisations urged Brunei to respect penalties ranging from stoning to death, the ASEAN Human Rights Declaration whipping, imprisonment, detention in During its recent Universal Periodic and warned that the country “will set a rehabilitation centres and fines. Review, Brunei announced that it is dangerous precedent for its neighbouring extending its de facto moratorium countries in Southeast Asia and broader Restrictions on a person’s gender identity on the death penalty.15 Moreover, Asia.”4 and expression is a key problematic they clarified that the SPC does not intention of the law. Penalties are being criminalise a person based on sexual The Syariah Penal Code (SPC) imposed against “[any] man who dresses orientation or belief, and that its laws and poses as a woman or any woman continue to protect public morality and restricts various aspects of who dresses and poses as a man in any decency while respecting the privacy human rights, notably its public place” if this is done “without of individuals. Brunei affirmed in its curtailment of freedom to self- reasonable excuse” or “for immoral statement that people regardless of their 11 determine one’s gender identity purposes.” In 2014, a transgender sexual orientation have continued to live woman was arrested by law enforcers for and pursue their activities in their private and regulation of women’s wearing women’s clothes and “improper space. bodies. conduct.”12

The Syariah Penal Code was adopted in The SPC restricts various aspects of Zoella Zayce, a transgender 2013 and was planned to be implemented human rights, notably its curtailment of youth from Brunei, cautioned in three stages.5 This law has a clear freedom to self-determine one’s gender that Brunei must not be singled identity and regulation of women’s bodies. purpose: criminalise and deter acts out; countries with similar contrary to Islam, and educate its The law imposes the death penalty, and people.6 Responding to criticisms, the cruel and degrading punishment such as Syariah laws must also be government stressed that there is no whipping and amputation.13 criticised. 31 monitoring national and regional activities arrow for change | vol. 25 no. 1 2019

What is worrying is that the said law Shahiran Shahrani, a Bruneian seeking is indicative of a growing religious asylum in Canada, supports the call extremism in the region marked by a for sanctions, as these will potentially wave of religion-based anti-LGBTIQ wake up people that there is a problem. sentiments fueled by political elites from He commented that people in Brunei, Notes & References neighbouring countries such as Indonesia including the well-educated, do not see and Malaysia. the clear picture because of the limited 1. Office of the High Commissioner on Human Rights, “Bachelet urges Brunei to stop entry into force of ‘draconian’ or restricted information that is being new penal code,” https://www.ohchr.org/en/NewsEvents/ Leveraging on Global Pressure. The given to them. Pages/DisplayNews.aspx?NewsID=24432&LangID=E. 2. European Parliament Resolution of 18 April 2019 on Brunei, global condemnation elicited nuanced 2019/2692(RSP). reactions. Zoella Zayce, a transgender For external pressure to be effective, 3. Among the countries who issued UPR recommendations youth from Brunei who is seeking asylum that are specific to sexual orientation and gender identity were the domestic push must also be strong. Austria, Australia, Belgium, Canada, Chile, Costa Rica, Denmark, in Canada, thinks that the external However, domestic mechanisms to hold France, Germany, Greece, Iceland, Malta, Mexico, Netherlands, pressure “would give marginalised and Norway, Sweden, United States of America, and Uruguay. the government accountable are almost 4. “Statement of ASEAN Civil Society Organizations on the Full vulnerable persons some hope that the absent. Unlike its ASEAN neighbors, Enforcement of Shariah Law in Brunei Darussalam,” https:// world is on their side.” She cautioned Brunei does not have fair share of a aseansogiecaucus.org/news/external-news/132-statement-of- asean-civil-society-organizations-on-the-full-enforcement-of- that Brunei must not be singled out; critical civil society. NGOs are present sharia-law-in-brunei-darussalam. countries with similar Syariah laws must but they would not push the boundaries, 5. The first phase was implemented starting May 1, 2014. During this phase, offences related to ta’zir or those that carry also be criticised. deal with matters deemed as sensitive, penalties of fines or imprisonment were enforced. It was only and challenge the government. “When in April 3, 2019 when the final stage of the law, containing provisions that impose death penalty, are put into effect. [the government] started banning things, For external pressure to be 6. Prime Minister’s Office – Brunei Darussalam, [Press people do not push the law, they pull Statement March 30, 2019], http://www.pmo.gov.bn/ effective, the domestic push Lists/2019%20PMO%20News/NewDispForm.aspx?ID=79&Sour back from law,” said Shahiran Shahrani. ce=http%3A%2F%2Fwww%2Epmo%2Egov%2Ebn%2FLists%2F must also be strong. However, Some human rights defenders took 2019%2520PMO%2520News%2FAllItems%2Easpx%23Inplview the risk but were slapped with sedition Hash7c61e843%2Dde4f%2D409b%2D947a%2D73f6c09a91f2% domestic mechanisms to hold 3DPaged%253DTRUE%2Dp%5FID%253D92%2DPageFirstRow% charges. 253D31&ContentTypeId=0x0100697C5A90C7D25F488B46C0C3 the government accountable are A437E305. almost absent. Unlike its ASEAN 7. Prime Minister’s Office – Brunei Darussalam, [Press What are the prospects over the long Statement May 5, 2019], http://www.pmo.gov.bn/ neighbors, Brunei does not run? The global push resulted to a Lists/2019%20PMO%20News/NewDispForm.aspx?ID=118&Sou rce=http%3A%2F%2Fwww%2Epmo%2Egov%2Ebn%2FLists%2F have fair share of a critical civil temporary, albeit still an incomplete 2019%2520PMO%2520News%2FAllItems%2Easpx%23Inplview relief. The moratorium on the death Hash7c61e843%2Dde4f%2D409b%2D947a%2D73f6c09a91f2% society. 3D&ContentTypeId=0x0100697C5A90C7D25F488B46C0C3A43 penalty, including for offences applicable 7E305. to LGBT persons, shows indications that 8. Sections 68 and 82 of the 2013 Syariah Penal Code. The global push resulted Brunei listens. A shift from condemnation 9. Section 82 of the 2013 Syariah Penal Code. 10. Section 92 of the 2013 Syariah Penal Code. to a temporary, albeit still towards dialogue is crucial at this point. 11. Section 198 of the 2013 Syariah Penal Code. Brunei still asserts that the SPC is divine; 12. Ak Md Khairuddin Pg Harun (11 March 2015). “Brunei an incomplete relief. The Civil Servant Fined $1,000 for Cross-dressing.” Brunei this notion must be challenged through Times. Retrieved from https://btarchive.org/news/ moratorium on the death further dialogue with progressive Syariah national/2015/03/11/bruneian-civil-servant-fined-1-000-cross- penalty, including for offences dressing. experts and more importantly with its 13. Sections 55 and 69 of the 2013 Syariah Penal Code. applicable to LGBT persons, own people. 14. Section 213 of the 2013 Syariah Penal Code. 15. The official government announcement was also made in shows indications that advance of the Universal Periodic Review. See: Reuters, May 5, 2019, “Brunei says it won’t enforce gay death penalty after Brunei listens. A shift from backlash,” https://www.reuters.com/article/us-brunei-lgbt- sultan/brunei-says-it-wont-enforce-gay-death-penalty-after- condemnation towards backlash-idUSKCN1SB0FS. dialogue is crucial at this point. 32 arrow for change | vol. 25 no. 1 2019 monitoring national and regional activities

By Paola Salwan Daher RECOGNISING THE RIGHTS Senior Global Advocacy Advisor, Center for Reproductive Rights OF ADOLESCENTS TO SEXUAL Email: : [email protected]

AND REPRODUCTIVE HEALTH and Payal Shah Acting Director for Asia, Center for INFORMATION AND SERVICES Reproductive Rights Email: [email protected]

With adolescents and youth constituting and reproduction.2 All sexual and a quarter of the global population—for a reproductive health services to to undermine adolescent reproductive total of 1.8 billion people—it has never adolescents must be consented to autonomy. Under the law, any minor been more critical that their human voluntarily, free from discrimination, (below 18) must first secure parental rights be fully recognised and realised pressure, violence or coercion. Besides, consent to access contraceptive services within global arenas and at the regional, their agency and right to be heard and preventive sexual and reproductive national, and community level. should be central in all decisions and care except in life-threatening cases.5 The programmes that concern them. RPRHA as passed would have allowed Despite increased attention to this issue an exception for adolescents who have over the past ten years, significant gaps Barriers to access sexual and already experienced prior pregnancies, remain in adolescents’ knowledge about reproductive health information and but in a retrogressive move the Supreme their sexual and reproductive health and services remain prevalent in Asia. Court suspended those provisions only rights and ability to access essential three months after the law was passed sexual and reproductive health services. All sexual and reproductive and then struck down this exception in 2014.6 health services to adolescents BARRIERS TO ACCESSING SEXUAL AND REPRODUCTIVE HEALTH INFORMATION must be consented to India. In India, although over one AND SERVICES: THE CASES OF THE voluntarily, free from third (38.7%) of women of ages 25-29 PHILIPPINES AND INDIA discrimination, pressure, reported having had their first sexual violence or coercion. Besides, intercourse before the age of 18, the Throughout the world, adolescents face legal framework fails to recognise a diverse range of barriers in accessing their agency and right to be adolescent capacity to consent to sexual and reproductive health services, heard should be central in all abortion. For example, the Medical significantly impacting their lives and decisions and programmes that Termination of Pregnancy Act, 1971, health and hindering the realisation of concern them. requires minors to obtain guardian or their human rights. Such barriers include parental consent for abortion.7 Further, restrictive legal and policy frameworks, adolescent reproductive autonomy third-party authorisation requirements The Philippines. For instance, in the and capacity is also undermined under such as parental and/or judicial, Philippines, the adolescent pregnancy the Protection of Children from Sexual stigma, lack of information, distance to rate has been increasing,3 reflecting a low Offenses Act of 2012 (POCSO Act),8 facilities, cost, lack of confidentiality contraceptive prevalence rate—a study which aims to address sexual violence and disrespect, abuse and low quality done in 2013 found that among all age against children by mandating reporting of care.1 In addition to facing denials of groups of married women, adolescents by health care providers, among others, sexual and reproductive health services, have the lowest rate of use and the of sexual assault of a minor.9 The issue adolescents are also at risk of facing highest unmet need.4 Although the arises because the law defines any undue pressure or coercion in the legislature mandated the development sexual activity involving a minor as rape, context of reproductive health care. This of a comprehensive sexuality education without exception, leading providers is particularly true for adolescents who programme in the Responsible to interpret it as requiring mandatory are members of marginalised groups, Parenthood and Reproductive Health Act reporting of any pregnant adolescent who have historically been targeted by (RPRHA) in December 2012, third party patient, even where she is seeking an coercive policies surrounding sexuality authorisation requirements continue abortion.10 Coupled with the continued 33 monitoring national and regional activities arrow for change | vol. 25 no. 1 2019

stigma on adolescent sexual activity, the Committee’s recognition that parental Notes & References criminalisation of consensual adolescent authorisation requirements constitute a 1. Center for Reproductive Rights, Capacity and Consent: sexual relations, including between barrier to health services.13 Empowering Adolescent to Exercise their Reproductive Rights, 2015, p.10-11. two adolescents, has intensified the 2. Id. chilling effect on adolescents’ ability In its groundbreaking General Comment 3. In 2011, 203,653 births were given by adolescent mothers and willingness to seek sexual and 20 on the implementation of the rights (between ages 10-19), whereas in 2015 this number dramatically increased to 1,040,211. See Department of Health, Meeting reproductive health services. of the child during adolescence, the CRC Minutes: National Implementation Team for the RPRH Law, 12 Committee has put adolescents’ agency, (2018). https://bit.ly/2t0qpSU. 4. The DHS Program STATcompiler (online database of INTERNATIONAL STANDARDS ON SRHR autonomy, and sexual and reproductive demographic and health surveys: Philippines 1993, 1998, 2003, OF ADOLESCENTS self-determination as the founding 2008, 2013). 2015. https://statcompiler.com/en/. 5. Republic Act 10354, Responsible Parenthood and stones of its analysis, notably by calling Reproductive Health Act (2012). https://bit.ly/2QtckI0. Failure to address these barriers on states to consider introducing a 6. See James M. Imbong and Lovely-Ann C. Imbong v. Hon. Paquito N. Ochoa, Jr. and Others, G.R. Nos. 204819, 204934, contravenes States’ obligations under “legal presumption that adolescents 204957, 204988, 205003, 205043, 205138, 205478, 205491, international human rights law. The are competent to seek and have access 205720, 206355, 207111, 207172 and 207563, (S.C., Apr. 8, 2014) International Conference on Population to preventive or time-sensitive sexual (Phil.). 7. S.3(4), India’s Medical Termination of Pregnancy Act, 1971. and Development (ICPD) enabled a and reproductive health commodities 8. India’s Pre-Conception and Pre-Natal Diagnostic Techniques, shift from a focus on “adolescents’ and services.”14 This approach is also 1994; India’s Protection of Children from Sexual Offences Act, No. 32, 2012. needs” to rights, paving the way for endorsed by the Special Rapporteur on 9. S.19, India Protection of Children from Sexual Offences Act, normative development by international Health.15 In this regard, the fact that an No. 32, 2012. 10. Potdar et. al., Sex determination and safe abortion in India, human rights mechanisms recognising adolescent recognises their need for supra note 60, at 118,. See also Indian Penal Code, 1860; India’s adolescents’ rights to agency, such services and takes the initiative Protection of Children From Sexual Offences Act, No. 32, 2012; The MTP Act 2014 Makes Safe Abortion Easier, It Should Be reproductive self-determination, and to seek them out evidences that he or Passed, supra note 58. bodily autonomy. she has the requisite capacity to make 11. CRC Committee, General Comment on the Implementation decisions about and use such services of the Rights of the Child During Adolescence, para. 60, U.N. Doc. CRC/C/GC/20 (Dec. 2016) [hereinafter CRC Committee, 16 The Committee on the Rights of the appropriately. Gen. CommentNo. 20]. Child (CRC Committee) and the Special 12. Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and Rapporteur on the Right to Health, The CRC Committee has also recognised mental health, Rep. of the Special Rapporteur on the Right of among others, affirmed the importance the harmful impact of laws that Everyone to the Enjoyment of the Highest Attainable Standard of Health, Dainius Puras, para. 59, U.N. Doc. A/HRC/32/32 of adolescents’ sexual and reproductive criminalise all adolescent sexual activity, (2016) [hereinafter SR Health, Report on the health of rights, urging states to take a host of specifically outlining that states “should adolescents (2016)]. 13. CEDAW Committee, General Recommendation No. 24: specific measures to ensure the full avoid criminalising adolescents of Article 12 of the Convention (Women and Health), (20th Sess., exercise of these rights. similar ages for factually consensual and 1999), in Compilation of General Comments and General nonexploitative sexual activity.”17 Recommendations Adopted by Human Rights Treaty Bodies, at 358, para. 21, U.N. Doc.HRI/GEN/1/Rev.9 (Vol. II) (2008) On third-party authorisation [hereinafter CEDAW Committee, Gen. Recommendation No. 24]. requirements for instance, the CRC While barriers to access services and 14. CRC Committee, Gen. Comment No. 20, supra note 4, para.39. Committee recognises that there should lack of recognition of the right to bodily 15. SR Health, Report on the Health of Adolescents (2016), not be any “barriers to commodities, autonomy and sexual and reproductive supra note 5, para. 60. 16. See R. Cook, B.M. Dickens, Recognizing Adolescents’ information and counselling on sexual self-determination of adolescents prevails ‘Evolving Capacities’ to Exercise Choice in Reproductive and reproductive health and rights, in Asia and in other regions of the world, Healthcare, 70 International Journal of Gynecology and Obstetrics 13, 20 (2000). such as requirements for third-party States must adopt positive measures to 17. See CRC Committee, Gen. Comment No. 20, supra note 4, consent or authorisation.”11 The Special address and remove these barriers in para.40 and. CRC, General Comment No. 4: Adolescent Health Rapporteur on the Right to Health accordance with their legal obligations and Development in the Context of the Convention on the Rights of the Child, U.N. Doc. CRC/GC/2003/4 (2003), paras. 5, further recognises parental consent and under international human rights law. 7, 12(b), 22, 24, 26–29, 36–37 (articulating obligation to ensure notification requirements as a barrier to health-care providers maintain confidentiality about medical information, which can be disclosed only with the consent of the health services for adolescents, as they adolescent or in the same situations that apply to the violation “make adolescents reluctant to access of an adult’s confidentiality; stipulating adolescents’ rights to health information, privacy, and confidentiality, and to give their needed services so as to avoid seeking independent and informed consent, particularly regarding sexual parental consent, which may result and reproductive health matters; and urging states to address cultural and other taboos surrounding adolescent sexuality). in rejection, stigmatisation, hostility or even violence.”12 These normative developments reinforce the CEDAW 34 arrow for change | vol. 25 no. 1 2019 resources

Compiled by Keshia Mahmood RESOURCES FROM THE Programme Officer, ARROW ARROW SRHR KNOWLEDGE Email: [email protected] SHARING CENTRE

ARROW’s SRHR Knowledge Sharing Centre (ASK-us) hosts a special collection of resources on gender, women’s rights, and sexual and reproductive health and rights (SRHR). It aims to make critical information on these topics accessible to all. ASK-us is also available online at http://www.srhr-ask-us.org/. To contact ASK-us, please email: [email protected].

Mir-Hosseini, Ziba and Vanja Hamzic. Hawkins, Kate, Stephen Wood, Contributions range from explorations Control and Sexuality: The Revival of Tanya Charles, Xiaopei He, Zhen Li, of new conceptual approaches to human Zina Laws in Muslim Contexts. London: Anne Lim, Iana Mountian, and Jaya rights, research into experiences of Women Living Under Muslim Laws, 2010. Sharma. Sexuality and Poverty Synthesis sexuality in a diversity of contexts and http://www.wluml.org/node/6869. Report. Institute of Development among diverse people, to personal Studies (IDS), 2014. https://opendocs. stories of activism and initiatives that This book explores the historical and ids.ac.uk/opendocs/bitstream/ seek to transform the ways in which present-day cultural, socio-political and handle/123456789/3525/ER53.pdf. sex and sexuality are conceived of and legal motives and contexts that have experienced. caused the revival of zina laws and This report synthesises learning from reveals how zina laws, which were once a set of sexuality and poverty audits in Jolly, Susie. Poverty and Sexuality: What obsolete and rarely applied in Muslim 2012-2013 and is part of a larger project are the connections? – Overview and contexts, have now been brought back that focuses on understanding the links Literature Review. Stockholm, Sweden: to maintain and assert control over men between sexuality, gender plurality, SIDA, 2010. https://www.sxpolitics.org/ and women’s sexuality. It also documents and poverty with the aim of improving wp-content/uploads/2011/05/sida-study- civil society’s resistance to the revival of socioeconomic policy and programming of-poverty-and-sexuality1.pdf. zina laws, as these strategies and actions to support people marginalised because represent an invaluable legacy for all of their sexuality. The research indicated This overview and literature review societies affected by similar challenges. that sexuality is directly related to illustrates the necessity for economic physical, social, and economic wellbeing, policies and poverty reduction efforts TARSHI. Sexuality and Disability in the political participation, and socioeconomic to become more inclusive and effective Indian Context. New Delhi: TARSHI, 2010. inclusion and the realisation of human around sexuality, and for more attention http://www.tarshi.net/downloads/ rights, particularly for the poor and most to class and economic dimensions in Sexuality_and_Disability_in_the_Indian_ marginalised. sexual rights struggles. It is hoped that Context.pdf. this paper will support Sida’s work in the Cornwall, Andrea and Susie Jolly. areas of gender, sexual and reproductive Sexuality and Disability in the Indian “Introduction: Sexuality Matters.” IDS health and rights, LGBT, and poverty Context presents an overview of the Bulletin 37, no. 5 (2006): 1-11. https://doi. reduction, as well as struggles for sexual current scenario in India vis a vis org/10.1111/j.1759-5436.2006.tb00295.x. and economic justice more broadly. sexuality and disability. This working paper is a collation of information This IDS Bulletin addresses a theme that Mai, Nicola and Russell King. and resources based on interviews mainstream development has persistently “Love, Sexuality and Migration: with people with disabilities and with neglected: sexuality. Sexuality is about Mapping the Issue(s).” Mobilities 4, their parents, teachers, and other care policy, programming and power relations, no. 3 (2009): 295–307. http://dx.doi. providers. It also draws upon secondary but it is also about pleasure and danger, org/10.1080/17450100903195318. research to examine existing laws feelings, sensations, emotions, skin, flesh and policies relevant to sexuality and and body fluids (and hopefully orgasms In this introductory paper to the disability in India. too!). This publication brings together special issue, we argue for both a the human side of sexuality with macro- ‘sexual turn’ and an ‘emotional turn’ political and analytical issues. in mobility studies, stressing also the 35 resources arrow for change | vol. 25 no. 1 2019

intersectionality of these two dimensions. the rules, such as non-macho men, single dam/rbap/docs/Research%20&%20 The final part of the article provides an women, sex workers, people with same- Publications/hiv_aids/rbap-hhd-2015- overview of the papers that follow and sex sexualities, and transgender people. leave-no-one-behind.pdf. the themes they explore. Taken together, Sexuality can also bring joy, affirmation, the papers investigate different globalised intimacy and well-being. How can we The report highlights progressive intersections of love, sexuality and make possible more joy and less misery? social and political forces, including migration, and the way they inform, and This In Brief hopes to inspire thinking the increasing role of LGBTI groups in are informed by, existing narratives and on this question—with an overview and advocacy, that are propelling progress practices of migration and settlement. recommendations on gender, sexuality towards more widespread acceptance and sexual rights, an article on Girl Power of LGBTI people and recognition of their Ng, Chirk Jenn and S. F. Kamal. Initiative’s sexuality education programme needs and rights. It explores the factors “Bridging the gap between adolescent in Nigeria, and a piece on the Travesti that are contributing to advances in sexuality and HIV risk: the urban Museum promoting transgender rights in some countries in areas such as legal Malaysian perspective.” Singapore Peru. recognition and social protection. The Medical Journal 47, no. 6 (2006): 482. report also describes the factors that https://www.researchgate.net/profile/ Loudes, Christine and Evelyne Paradis. contribute to the neglect of LGBTI Chirk_Jenn_Ng/publication/7030999_ Handbook on monitoring and reporting people’s needs and rights. It describes Bridging_the_gap_between_ homophobic and transphobic incidents. the social drivers of oppression and social adolescent_sexuality_and_HIV_risk_ Belgium: ILGA Europe, 2008. https:// exclusion including patriarchal traditions, The_urban_Malaysian_perspective/ www.ilga-europe.org/sites/default/files/ conservative interpretations of religion links/0a85e535f9f992c173000000.pdf. Attachments/handbook_monitoring_ and lack of democratic governance. reporting_homo-transphobic_crimes.pdf. This study aims to qualitatively explore Somera, Nina. “Que[e]r[y]ing the adolescents’ sexuality and their relation to The aim of this publication is to Climate Debates.” Women in Action 2 human immunodeficiency virus (HIV) risk contribute to increased and better (2009): 79-82. http://www.isiswomen. in Malaysia. The results indicate definite reporting of homophobic and transphobic org/phocadownload/print/isispub/wia/ differences in gender roles in terms of incidents by providing tools and a wia2009-2/2wia09_18features_nina.pdf. how adolescents perceived sex, selection methodology to document and report of sex partners and communication with violence motivated by hatred against As interest on the climate talks is picking their partners. Most participants were LGBT people in a systematic and factual up, more organising are done on the concerned about pregnancy rather than manner. It is designed for LGBT and ground and mobilisations staged. Theories sexually transmitted diseases or HIV human rights organisations who intend to are being revisited and expanded. More infection when they interpreted safe monitor the occurrence of homophobic and more links are also made as the sex. Reasons for not practising safe or transphobic incidents and violence, climate crisis is increasingly realised sex include trust between sex partners, in order to advocate for legislative as a systemic problem—the same one complacency, low perception of risk, and changes to increase legal protections that has constantly spawned inequality, negative attitudes towards condom use. from violence motivated by homophobia, deprivation and violence which have left lesbophobia and transphobia at national, their marks on the identities, bodies and Institute of Development Studies. European and international levels. The lived experience of people. One of these “Sexuality.” BRIDGE Gender and methodology and tools proposed to links is that between climate change and Development in Brief 18 (2007). https:// document how states and state actors the lesbian, gay, bisexual and transgender www.srhr-ask-us.org/themencode- protect or fail to protect the rights of (LGBT) communities. pdf-viewer-sc/?file=https://www. the victims of hate crime or violence are srhr-ask-us.org/wp-content/ those of human rights monitoring. The Joint United Nations Programme uploads/2017/07/In-Brief-Sexuality-2007. on HIV and AIDS. UNAIDS Action pdf&settings=001101111&lang=en- United Nations Development Framework: Universal Access for Men US#page=&zoom=auto&pagemode=. Programme. Leave no one behind – who have Sex with Men and Transgender Advancing social, economic, cultural People. Geneva: UNAIDS, 2009. http:// Sexuality can bring misery through sexual and political inclusion of LGBTI people data.unaids.org/pub/report/2009/ violence, HIV/AIDS, maternal mortality, in Asia and the Pacific. Bangkok: UNDP, jc1720_action_framework_msm_en.pdf. or marginalisation of those who break 2015. https://www.undp.org/content/ 36 arrow for change | vol. 25 no. 1 2019 resources

The goal of this framework is to enable and the stereotype’s role in promoting transphobia and transphobic violence. UNAIDS to facilitate and support the and excusing transphobic violence. As almost any trans person will agree, achievement of universal access to The stereotype derives from a transphobia and transphobic violence appropriate HIV prevention, care, contrast between gender presentation are realities that impact our lives treatment and support for men who have (appearance) and sexed body (concealed significantly. How we understand this fear sex with men and transgender people. reality). Because gender presentation and hatred matters greatly because this The UNAIDS Secretariat and the UNAIDS represents genital status, Bettcher argues, understanding guides our opposition and Cosponsors recognise that universal people who “misalign” the two are viewed resistance. access to appropriate HIV programmes as deceivers. The author shows how this for men who have sex with men and system of gender presentation as genital Das, Arpita and Remi Joseph-Salisbury. transgender people is a crucial part representation is part of larger sexist and “Sexualities and Disabilities.” Graduate of achieving universal access to HIV racist systems of violence and oppression. Journal of Social Science 12, no. 1 (2016). prevention, treatment, care and support http://gjss.org/sites/default/files/issues/ as a whole. This approach aims to reduce Asia Pacific Council of AIDS Service full/GJSS%20Vol%2012-1.pdf. the incidence of HIV everywhere, while Organisations (APCASO). “Men Who protecting the health and rights of not Have Sex With Men and The 2011 Political The special issue on ‘sexualities and only these marginalised groups but also Declaration on HIV/AIDS.” InFocus 5 disabilities’ of this peer-reviewed their female sexual partners and the rest (2012): https://www.srhr-ask-us.org/ interdisciplinary journal presents and of the population. themencode-pdf-viewer-sc/?file=https:// addresses the under-represented and www.srhr-ask-us.org/wp-content/ marginalised voices of people with United Nations Development uploads/2017/07/InFocus-Vol-5-MSM- disabilities and their sexuality. Papers in Programme. Advancing the Human May12.pdf&settings=001101111&lang=en- this special issue cover a wide range of Rights and Inclusion of LGBTI People: A US#page=&zoom=auto&pagemode=. topics including people disabled during Handbook for Parliamentarians. New York: war, mental disability, caregivers of UNDP, 2017. https://www.pgaction.org/ This issue looks at what the 2011 Political soldiers disabled in war, representation inclusion/pdf/handbook/en.pdf. Declaration addresses specifically for Men of disability in art and culture, and Who Have Sex With Men and the impact juxtaposition of issues of people with This handbook is jointly produced by the on their lives in Asia and the Pacific disabilities with other marginalised United Nations Development Programme region. However, most statements are communities such as people of diverse (UNDP) and Parliamentarians for Global also applicable to transgender people who genders and sexualities. Action (PGA). It sets out relevant human were purposefully removed from the list rights frameworks and highlights the of key affected populations. It highlights Collet, Angela. Interrogating ‘Sexualities’ role of parliamentarians in implementing the need for more advocacy around their at Beijing+10. Sexuality Policy Watch, Agenda 2030, to ensure no one, recognition as a separate population from 2006. http://sxpolitics.org/working- including LGBTI people, is left behind. Men Who Have Sex With Men. paper-n3-by-angela-collet/wp-content/ The handbook offers practical tips, uploads/2009/03/workingpaper31.pdf. tools and resources designed to support Bettcher, Talia Mae. “Understanding parliamentarians to undertake legislative, transphobia: Authenticity and sexual Many challenges and barriers remain representational and oversight activities violence.” Trans/Forming Feminisms: to be overcome in the realm of sexual that advance the rights and inclusion of Trans-Feminist Voices Speak Out politics. Given past and current gains and, LGBTI people. (2006): 203-10. https://www.srhr- most principally, in light of the challenges ask-us.org/themencode-pdf-viewer- posed by the current geopolitical hostility Bettcher, Talia Mae. “Evil Deceivers and sc/?file=https://www.srhr-ask-us. towards sexuality, much conceptual and Make-Believers: On Transphobic Violence org/wp-content/uploads/2017/07/ advocacy work needs to be developed and the Politics of Illusion.” Hypatia 22, Understanding-Transphobia- to ground a widespread political policy no. 3 (2007): https://onlinelibrary.wiley. Authenticity-and-Sexual-Violence-2006. legitimacy of sexual right and related com/doi/abs/10.1111/j.1527-2001.2007. pdf&settings=001101111&lang=en- policy issues. This article aims to share tb01090.x. US#page=&zoom=auto&pagemode=. the difficulties and gains faced in the Bejing+10 process, as a contribution to This essay examines the stereotype that This particular chapter of this book these future conceptual reflections and transgender people are “deceivers” provides a new way of understanding advocacy strategies. 37 resources / definitions arrow for change | vol. 25 no. 1 2019

FILMS/DOCUMENTARIES wordisoutmovie.com/ and https://www. OTHER youtube.com/watch?v=AHMYSuUr_f8. Out and About (2016) is a 30-minute RESOURCES documentary that dives into the The Celluloid Closet (1995) is an world of family members of LGBTs, in American documentary film on the United Nations Human Rights. countries where being gay is illegal, history of how motion pictures, Homophobic and transphobic violence. or where strong stigmas exist. It is a especially Hollywood films, had https://www.ohchr.org/Documents/ touching and intimate portrait of three portrayed gay, lesbian, bisexual and Issues/Discrimination/LGBT/FactSheets/ families in Russia, Kenya and Indonesia, transgender characters. From the sissy unfe-27-UN_Fact_Sheets_Homophobic_ who face prejudice and challenges characters, to the censorship of the English.pdf. because they have gay children. More Hollywood Production Code, the coded on the documentary at: https://www. gay characters and cruel stereotypes to This 2-page fact sheet by United Nations humanrightsinthepicture.org/out-about/ the changes made in the early 1990s. Human Rights (UNHR) outlines reports and https://koensuidgeest.com/current- More on the film at: https://en.wikipedia. on homophobic and transphobic violence and-past-projects/out-about/. org/wiki/The_Celluloid_Closet and in all regions of the world, ranging from https://www.youtube.com/watch?v=JL_ aggressive, sustained psychological Scarlet Road (2011) is a documentary vrb4-6_0. bullying to physical assault, torture, that explores the life of Australian Rachel kidnapping and targeted killings. Sexual Wotton, a prostitute who is based in violence has also been widely reported, New South Wales (where prostitution is including so-called “corrective” or decriminalised) and sells sex to clients DEFINITIONS “punitive” rape, in which men rape who have disabilities. Realising that the women assumed to be lesbian on the handicapped have just as much a right pretext of trying to “cure” their victims to intimacy as anyone else, she founded Gender Expression: Each person’s of homosexuality. It also outlines states’ Touching Base, an organisation devoted presentation of the person’s gender obligations under international law to to educating people about the sexual through physical appearance—including protect LGBT people’s rights to life, to needs of disabled people. Scarlet Road dress, hairstyles, accessories, cosmetics security of person, and to freedom from is loaded with emotional resonance, as —and mannerisms, speech, behavioural torture and ill-treatment. Examples of men describe feeling alive again after patterns, names and personal references, violence and incidents reported to the finally being able to touch someone. It and noting further that gender expression UNHR office are highlighted. speaks to how sex is a function of being a may or may not conform to a person’s human being, plain and simple. More on gender identity.1 University of Guelph – Human the film at: https://www.youtube.com/ Rights and Equity Office. Recognizing watch?v=mOpC0tYp_Qg. Gender Identity: Understood to refer Heterosexism, Homophobia and to each person’s deeply felt internal and Transphobia: creating a queer- Word Is Out: Stories of Some of Our individual experience of gender, which positive university. https://www. Lives (1977) is a documentary film may or may not correspond with the sex uoguelph.ca/diversity-human-rights/ featuring interviews with 26 gay men assigned at birth, including the personal sites/uoguelph.ca.dhr/files/public/ and women. The interviewees range in sense of the body (which may involve, RecognizingHeterosexism.pdf. age from 18 to 77, in location from San if freely chosen, modification of bodily Francisco to New Mexico to Boston, appearance or function by medical, Maintaining and promoting human in type from bee-hived housewife to surgical or other means) and other dignity is a core value of the University student to conservative businessman expressions of gender, including dress, of Guelph. The University is therefore to sultry drag queen, and in race speech and mannerisms.2 committed to a campus free from from Caucasian to Hispanic, African- discrimination. This booklet details the American, and Asian. The interviewees Reproductive Health: “A state of University’s position on discrimination describe their experiences of coming complete physical, mental and social and harassment based on sexual out; falling in and out of love; and well-being and not merely the absence of orientation and gender identity. struggling against prejudice, stereotypes, disease or infirmity, in all matters relating and discriminatory laws. More on to the reproductive system and to its the documentary at: http://www. functions and processes. Reproductive 38 arrow for change | vol. 25 no. 1 2019 definitions

health therefore implies that people are pleasurable and safe sexual experiences, all of them are always experienced or able to have a satisfying and safe sex free of coercion, discrimination, and expressed. Sexuality is influenced by the life and that they have the capability to violence. For sexual health to be attained interaction of biological, psychological, reproduce and the freedom to decide if, and maintained, the sexual rights of all social, economic, political, cultural, when and how often to do so. Implicit in persons must be respected, protected, legal, historical, religious, and spiritual this last condition are the right of men and fulfilled.”6 factors.”9 and women to be informed and to have access to safe, effective, affordable and Sexual Orientation: Understood to refer acceptable methods of family planning to each person’s capacity for profound of their choice, as well as other methods emotional, affectional and sexual of their choice for regulation of fertility attraction to, and intimate and sexual which are not against the law, and the relations with, individuals of a different right of access to appropriate health-care gender or the same gender or more than services that will enable women to go one gender.7 safely through pregnancy and childbirth and provide couples with the best chance Sexual Rights: “[E]mbrace human of having a healthy infant.”3 rights that are already recognised in national laws, international human Reproductive Rights: “[E]mbrace rights documents, and other consensus certain human rights that are already documents. They include the rights of all recognised in national laws, international persons, free of coercion, discrimination, human rights documents, and other and violence, to the highest attainable consensus documents. These rights rest standard of health in relation to on the recognition of the basic right of all sexuality, including access to sexual Notes & References couples and individuals to decide freely and reproductive healthcare services; 1. The Yogyakarta Principles Plus 10 - Additional Principles and responsibly the number, spacing, seek, receive, and impart information in and State Obligation on the Application of International and timing of their children and to have relation to sexuality; sexuality education; Human Rights Law in Relation to Sexual Orientation, Gender Expression and Sex Characteristics to Complement the the information and means to do so, and respect for bodily integrity; choose their Yogyakarta Principles, 10 November 2017, available at: http:// the right to attain the highest standard partner; decide to be sexually active yogyakartaprinciples.org/wp-content/uploads/2017/11/ A5_yogyakartaWEB-2.pdf. of sexual and reproductive health. It also or not; consensual sexual relations; 2. The Yogyakarta Principles - Principles on the Application includes their right to make decisions consensual marriage; decide whether of International Human Rights Law in Relation to Sexual concerning reproduction free of or not, and when, to have children; and Orientation, and Gender Identity, 9 November 2006, available at: http://yogyakartaprinciples.org/wp-content/ discrimination, coercion, and violence, pursue a satisfying, safe, and pleasurable uploads/2016/08/principles_en.pdf. as expressed in human right sexual life.”8 3. United Nations, “Programme of Action Adopted at the International Conference on Population and Development 4 documents.” Cairo,” 5–13 September 1994, 20th Anniversary Edition (New Sexuality: “Sexual health cannot be York: UNFPA, 2014), para 7.2, http://www.unfpa.org/sites/ default/ files/pub pdf/programme_of_action_Web%20 Sex Characteristics: Each person’s defined, understood or made operational ENGLISH.pdf. physical features relating to sex, without a broad consideration of 4. United Nations, “Programme of Action,” para 7.3. 5. The Yogyakarta Principles Plus 10 - Additional Principles including genitalia and other sexual and sexuality, which underlies important and State Obligation on the Application of International reproductive anatomy, chromosomes, behaviours and outcomes related to Human Rights Law in Relation to Sexual Orientation, Gender hormones, and secondary physical sexual health. The working definition of Expression and Sex Characteristics to Complement the Yogyakarta Principles, 10 November 2017, available at: http:// features emerging from puberty.5 sexuality is: …a central aspect of being yogyakartaprinciples.org/wp-content/uploads/2017/11/ human throughout life encompasses A5_yogyakartaWEB-2.pdf. 6. This is a working definition, not an official WHO position. Sexual Health: “A state of physical, sex, gender identities and roles, sexual See: WHO, “Sexual and Reproductive Health,” http://www.who. emotional, mental and social well-being orientation, eroticism, pleasure, int/reproductivehealth/topics/gender_rights/sexual_health/ en/. in relation to sexuality; it is not merely intimacy and reproduction. Sexuality is 7. The Yogyakarta Principles - Principles on the Application the absence of disease, dysfunction experienced and expressed in thoughts, of International Human Rights Law in Relation to Sexual Orientation, and Gender Identity, 9 November 2006, or infirmity. Sexual health requires a fantasies, desires, beliefs, attitudes, available at: http://yogyakartaprinciples.org/wp-content/ positive and respectful approach to values, behaviours, practices, roles, uploads/2016/08/principles_en.pdf. sexuality and sexual relationships, and relationships. While sexuality can 8. WHO, “Sexual and Reproductive Health.” 9. Extracted from WHO website: http://www.who.int/ as well as the possibility of having include all of these dimensions, not reproductivehealth/topics/sexual_health/sh_definitions/en/. 39 factfile arrow for change | vol. 25 no. 1 2019

By Samreen Shahbaz LEGAL FRAMEWORKS AROUND Senior Programme Officer, ARROW THE RIGHT TO SEXUALITY Email: [email protected]

Introduction. There are multiple and intersecting factors, including cultural, financial, logistical, institutional, legal and policy factors, that play a role in determining an individual’s right to sexuality. Legal frameworks of a country, however, provide the foundation for the policy and programmatic provisions around right to sexuality in a country. The table below provides an overview of the legal framework around age of sexual consent, age requirements for marriage, legal entitlements to access sexual and reproductive health services, legal status of consensual same-sex relationships and premarital sex to assess how laws govern individuals’ right to sexuality. 40 arrow for change | vol. 25 no. 1 2019 factfile 41 factfile arrow for change | vol. 25 no. 1 2019 42 arrow for change | vol. 25 no. 1 2019 factfile 43 factfile arrow for change | vol. 25 no. 1 2019

Notes & References

1. Ministry of Health and Family Welfare. Contraceptive 12. Ibid. 26. UNESCO Bangkok. Young people and the law in Asia and Updates: Reference Manual for Doctors, p 20. 13. Mendos, Lucas Ramon. State-sponsored Homophobia the Pacific: a review of laws and policies affecting young 2. “Live-in relationship, pre-marital sex not an offence: SC”. 2019. International Lesbian, Gay, Bisexual, Trans and Intersex people’s access to sexual and reproductive health and HIV Times of India. March 23, 2010. https://timesofindia.indiatimes. Association (ILGA). March 2019. https://ilga.org/downloads/ services. 2013. https://unesdoc.unesco.org/ark:/48223/ com/india/Live-in-relationship-pre-marital-sex-not-an-offence- ILGA_State_Sponsored_Homophobia_2019.pdf. pf0000224782. SC/articleshow/5716545.cms. 14. Sri Lanka Penal Code. http://www.commonlii.org/lk/legis/ 27. Sexual Rights Initiative. National Sexual Rights Law and 3. Girls Not Brides. Bangladesh Child Marriage Rates. https:// num_act/pca22o1995213/. Policy Database. Apr 8, 2016. https://sexualrightsdatabase. www.girlsnotbrides.org/child-marriage/bangladesh/. 15. World Health Organisation, Regional Office for South-East org/countries/416/Viet%20Nam. 4. Michael Vlassoff, Altaf Hossain, Isaac Maddow-Zimet, Asia. Consent and Confidentiality: Increasing Adolescents’ 28. UNFPA and UNICEF. Understanding Child Marriage in Viet Susheela Singh and Hadayeat Ullah Bhuiyan. Menstrual Access to Health Services for HIV and Sexual and Reproductive Nam. https://www.unicef.org/vietnam/media/2406/file/ Regulation and Postabortion Care in Bangladesh: Factors Health. April 2007. http://apps.searo.who.int/PDS_DOCS/ Ending%20child%20marriage,%20empowering%20girls%20. Associated with Access to and Quality of Services. Guttmacher B0456.pdf. pdf. Institute. September 2012. https://www.guttmacher.org/sites/ 16. UNESCO Bangkok. Young people and the law in Asia and 29. Lewis, Simon. Same-Sex Marriage Ban Lifted in Vietnam default/files/pdfs/pubs/Bangladesh-MR.pdf. the Pacific: a review of laws and policies affecting young But a Year Later Discrimination Remains. TIME. Jan 18, 2016. 5. Guangxing, Zhu and Suzan van der Aa. A comparison people’s access to sexual and reproductive health and HIV https://time.com/4184240/same-sex-gay-lgbt-marriage-ban- of the gender-specificity of age of consentlegislation in services. 2013. https://unesdoc.unesco.org/ark:/48223/ lifted-vietnam/. Europe and China: Towards a gender-neutralage of consent pf0000224782. 30. Girls Not Brides. Pakistan Child Marriage Rates. https:// in China? Aug 12, 2017. https://link.springer.com/content/ 17. Sri Lanka Penal Code. http://www.commonlii.org/lk/legis/ www.girlsnotbrides.org/child-marriage/pakistan/. pdf/10.1007%2Fs10610-017-9353-2.pdf. num_act/pca22o1995213/. 31. Ibid. 6. Indonesian Penal Code. http://www.unodc.org/res/cld/ 18. De Lima files bill to raise age of sexual consent from 12 32. Sexual Rights Initiative. National Sexual Rights Law and document/idn/indonesian_penal_code_html/I.1_Criminal_ to 18. CNN Philippines News. CNN. Aug 30, 2018. https:// Policy Database. May 5, 2016. https://sexualrightsdatabase. Code.pdf. cnnphilippines.com/news/2018/08/30/Statutory-rape-age- org/countries/366/Pakistan. 7. Indonesia raises minimum age for brides to end child sexual-consent-Philippines.html. 33. The Offence of Zina (Enforcement Of Hudood) marriage. Reuters World News. Sept 17, 2019. https:// 19. Girls Not Brides. Philippines Child Marriage Rates. https:// Ordinance,1979. https://www.refworld.org/pdfid/4db999952. www.reuters.com/article/us-indonesia-women-marriage/ www.girlsnotbrides.org/child-marriage/philippines/. pdf. indonesia-raises-minimum-age-for-brides-to-end-child-marriage- 20. Junice L. D. Melgar, Alfredo R. Melgar, Mario Philip R. 34. Sexual Rights Initiative. National Sexual Rights Law and idUSKBN1W212M. Festin, Andrea J. Hoopes, and Venkatraman Chandra-Mouli. Policy Database. May 5, 2016. https://sexualrightsdatabase. 8. Indonesia’s Aceh introduces strict anti-gay law. BBC Assessment of country policies affecting reproductive health org/countries/359/Fiji. News. BBC. Oct 23, 2015. https://www.bbc.com/news/world- for adolescents in the Philippines. Dec 12, 20198. https://www. 35. Girls Not Brides. https://www.girlsnotbrides.org/child- asia-34612544. ncbi.nlm.nih.gov/pmc/articles/PMC6291955/. marriage/fiji/. 9. Indonesia: Aceh’s New Islamic Laws Violate Rights. 21. Ibid. 36. Ministry of Health, Republic of the Fiji Islands. Reproductive Human Rights Watch. Oct 2, 2014. https://www.hrw.org/ 22. UNDP, USAID. Being LGBT in Asia: The Philippines Health Policy. http://www.health.gov.fj/wp-content/ news/2014/10/02/indonesia-acehs-new-islamic-laws-violate- Country Report. 2014. https://www.undp.org/content/dam/ uploads/2014/09/1_Reproductive-Health-Policy.pdf. rights. philippines/docs/Governance/Philippines%20Report_Final.pdf. 37. Sexual Rights Initiative. National Sexual Rights Law and 10. Ghimire, Binod. 15 things in the new national law every 23. https://www.girlsnotbrides.org/child-marriage/thailand/. Policy Database. May 5, 2016. https://sexualrightsdatabase. Nepali should know about. The Kathmandu Post, National. Aug 24. Girls Not Brides. Mongolia Child Marriage Rates. https:// org/countries/359/Fiji. 17, 2018. https://kathmandupost.com/national/2018/08/17/15- www.girlsnotbrides.org/child-marriage/mongolia/. things-in-the-new-national-law-every-nepali-should-know-about. 25. UNDP,USAID. Being LGBT in Asia: Mongolia Country 11. Sin Yew, New. Amend Age of Majority Act 1971 to end Report. 2014. https://www.undp.org/content/dam/rbap/ child marriage. MalaysiaKini News. MalaysiaKini. July 12, 2018. docs/Research%20&%20Publications/hiv_aids/rbap-hhd-2014- https://www.malaysiakini.com/news/433902. blia-mongolia-country-report.pdf. We would also like to thank the following individuals who contributed their ideas during the conceptualisation of the bulletin: Azra Abdul Cader, Biplabi Shrestha, Dhivya Kanagasingam, Evelynne Gomez, Hwei Mian Lim, Keshia Mahmood, Menka Goundan, Nawmi Naz Chowdhury, Nisha Santhar, Otgonbaatar Tsedendemberel, Preeti Kannan, Sai Jyothirmai Racherla, Samreen Shahbaz, Shamala Chandrasekaran, and Sivananthi Thanethiran. EDITORIAL TEAM Sivananthi Thanenthiran, Executive Director, ARROW for Change (AFC) is a peer-reviewed thematic bulletin that aims to ARROW contribute a Southern/Asia-Pacific, rights-based, and women-centred analyses and perspectives to global discourses on emerging and persistent issues related Evelynne Gomez, Managing Editor and to health, sexuality, and rights. AFC is produced twice-yearly in English, and is Programme Officer for Information and translated into selected languages several times yearly. It is primarily for Asian- Communications, ARROW Pacific and global decision-makers in women’s rights, health, population, and sexual and reproductive health and rights organisations. The bulletin is developed with Sai Jyothirmai Racherla, Programme Director, input from key individuals and organisations in Asia and the Pacific region and the ARROW ARROW SRHR Knowledge Sharing Centre (ASK-us!).

Samreen Shahbaz, Senior Programme Officer, This publication is made possible by funding support from Foundation for a Just Mobilising Communities for SRR Accountability, Society and Right Here Right Now. ARROW

INTERNAL REVIEWERS Azra Abdul Cader Biplabi Shrestha This work is licensed under the Creative Commons Attribution-Non-Commercial 4.0 Shamala Chandrasekaran International License. To view a copy of this license, visit http://creativecommons. Nawmi Naz Chowdhury org/licenses/by-nc/4.0/. Any part of the text of the publication may be photocopied, reproduced, stored in a retrieval system, or transmitted in any form EXPERT EXTERNAL REVIEWERS by any means, or adapted and translated to meet local needs, for non-commercial Pramada Menon, Queer Feminist Activist and non-profit purposes. All forms of copies, reproductions, adaptations, and translations through mechanical, electrical, or electronic means should acknowledge Anh Tu Hoang, Founder, Center for Creative ARROW as the source. A copy of the reproduction, adaptation, and/or translation Initiatives in Health and Population, CCIHP should be sent to ARROW. For commercial use, request for permission at arrow@ arrow.org.my. The copyright for images used remains with respective copyright Miki Wali, Director, Haus of Khameleon holders.

Thilaga Sulathireh, Co-founder, Justice for All issues of the AFC can be downloaded for free at www.arrow.org.my. Sisters Feedback and inquiries regarding contributions are welcome. Please send them to: COPY EDITOR Stefanie Peters The Managing Editor, ARROW for Change Asian-Pacific Resource and Research Centre for Women (ARROW) DESIGNER and LAYOUT ARTIST No. 1 & 2 Jalan Scott, Brickfields Nicolette Mallari 50470 Kuala Lumpur, Malaysia Tel.: +603 2273 9913/9914 COVER PHOTO Fax.: +603 2273 9916 old indian streets/Shutterstock.com Email: [email protected], [email protected] Website: www.arrow.org.my Facebook: https://www.facebook.com/ARROW.Women Twitter: @ARROW_Women Instagram: arrow_women YouTube: ARROWomen