It all started on the 6th of October 2012 when, out of sheer frustration about the state of institutionalised discrimination against lesbian, gay, bisexual and transgender (LGBT) persons in Singapore, I left a note on the Facebook Page of the Minister for Law and Foreign Affairs, K Shanmugam.

I wrote of friends leaving and the National Conversation making no effort to remember that we are Singaporeans too. I highlighted our trip to the United Nations last year to present our shadow report detailing the kind of discrimination that the government so often denies. As I wrote, I got a little bolder and said that if LGBT citizens are not wanted, please tell us, so that we can all forget this struggle and move on to wherever we need to be.

Minister Shanmugam kindly replied, “There can be no suggestion that LGBT citizens are not wanted.” The bigger question is, with the diverse viewpoints in our society and often held strongly by various groups, the government is often caught in the middle trying to decide what would be acceptable to the majority.

I replied by speaking about retaining laws like 377A, which in turn informs or influences policies, creating a cascading effect felt deeply by every LGBT person in Singapore. The exchange went on a few more times and Minister Shanmugam suggested that we meet for a proper chat for him to hear us more on the issues.

On the 27th of November, Kelly, Irene and I met Minister Shanmugam. We shook hands and introduced ourselves. He is a soft-spoken man with eyes reflecting his intelligence and who listened closely to what was said to him. For privacy, selected parts of the conversation are reported here.

Minister Shanmugam started out by describing what he saw of the diversity of views in our society and how different segments of the population see the LGBT community. This is an issue of personal conduct and different people will have their own take on such conduct. It is not easy for the government to tell citizens what viewpoint to take – many people will have strongly held views based on religious and other beliefs. He went on to say that the debate won’t stop at the repeal of 377A. Debates on same-sex marriage and other issues would follow. All the culture wars which are being fought in the USA might be brought to Singapore. The government has been saying we should leave things be by letting people carry on with their lives and be tolerant. Even though 377A is kept on the books, charges have not been proactively brought on 377A.

Irene asked why a government that has made unpopular decisions when it felt the need to stays ambivalent on this subject.

The Minister replied that the government cares deeply about citizens’ viewpoints and that public opinion does matter very much. Precisely because of its focus on what people need and feel, the government has been successful. He went on to say that the state cannot govern without the consent of the people.

We described to the Minister experiences in the lifespan of an LGBT person and obstacles we faced from young to old age. The Minister paid close attention when we outlined the kinds of discrimination we face in a wide spectrum of areas, from employment, education, housing and social benefits to violence. We linked the cascading effects of laws and censorship that justifies the discriminatory policies and how they translate to simple day-to-day living circumstances.

Minister Shanmugam listened intently to what we explained and said that for there to be change, there has to be a majority’s social acceptance, which we agreed that we are working on. However, we countered that it is difficult with censorship looming over our media, banning neutral or positive portrayals of LGBT persons.

We noted that the LGBT community would prefer not to have an adversarial relationship with the government. If there are no concrete actions taken on these issues, it is very difficult for us with or without our children to justifying staying in Singapore. The practicality of life demands a solution.

When our time was up, we thanked him for hearing us out. The meeting was a good opportunity to establish mutual understanding.  He offered to meet again, with a larger group of us.


Editor's Update: This meeting was picked up by the Straits Times and their report was published on 5 January with the photo used here.

Two men have filed a new challenge against Section 377A of the Penal Code. I'm sure most of us will be following the developments anxiously, to see if this law that signals that same-sex relationships are wrong will be overturned one day.

We reproduce the press release below.

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30 Nov 2012 (Singapore) – A fresh challenge has been made today against s 377A of the Penal Code, which criminalizes physical relations between two men. Gary Lim and Kenneth Chee, partners for 15 years, filed the challenge following a recent landmark ruling by the Court of Appeal in Tan Eng Hong v Attorney General (“Tan Eng Hong”) that clarifies that the very existence of an unconstitutional law in the statute books may suffice to show a violation of an applicant’s constitutional rights.

Singapore is the only one among thirty-five advanced economies [1] in the world that criminalises physical relations between men, and one of only four countries in East and South East Asia [2] to do so. Though the Prime Minister stated in parliament 5 years ago that s 377A would not be ‘pro-actively’ enforced, there have been cases since where individuals have been threatened and charged with s 377A by the police, which was remarked upon by the Court of Appeal.

“I don’t live in fear every day that I will get caught by the police because of my relationship with Gary but I know that s 377A labels me a criminal,” said Kenneth.

Gary adds: “While lawmakers have stated in Parliament that s 377A will not be ‘pro-actively’ enforced, this is not enough because it leaves the possibility of ‘passive enforcement’, should someone decided to make a complaint against us one day.”

In Tan Eng Hong, the Court of Appeal commented on the ‘very real and intimate’ injuries that were caused by s 377A and how it potentially ‘makes criminals out of victims’. The judges also raised the fact that the government’s ‘guarantee’ that s 377A will not be proactively enforced is problematic and also highlighted that police continues to issue ‘stern warnings’ to gay men in Singapore under the section.

Other important points:-

●    s 377A makes victims out of LGBT individuals. The possibility of arrest prevents men – and women - from contacting the police in criminal cases. For example, in cases of domestic violence, theft and even rape or abuse.
●    Fewer than 5% of the people living in East and Southeast Asia live in countries that criminalise homosexuality, and Singapore stands out in this small group. Historically, the country shared a similar provision criminalising homosexuality in its penal code with India and Hong Kong based on British colonial era legislation.  The latter two have since repealed such legislation.
●    s 377A has far-reaching impact beyond the criminal aspect, underpinning discriminatory regulations and policies, e.g. in media and broadcasting regulations, education, housing, and access to public health
●    The continued existence of s 377A prevents governmental, non-profits and other organisations from being able to develop and create programmes aimed at ensuring the physical and psychological health of LGBT Singaporeans and residents. This range from issues relating to workplace discrimination, bullying in schools, LGBT youth suicide and Sexuality Education.
●    Societies and groups related to LGBT issues can’t be registered in Singapore, which prevents the formation of community groups that may cater to the specific health and social needs of LGBT people.
●    Like everyone else, gays, as well as lesbian, bisexual and transgender individuals desire equal protection under the law and freedom from discrimination.
●    s 377A legitimises and perpetuates stigma and discrimination against lesbian, gay, transgender and bisexual people in society



[1] "Advanced economies" as identified by the IMF World Economic Outlook Group http://www.imf.org/external/pubs/ft/weo/2012/02/weodata/groups.htm#ae. Singapore is the only economy in this list which criminalizes consensual sexual activity between men.
[2] Singapore, Malaysia, Brunei and Myanmar, all of whom inherited British colonial era criminalisation laws.

For immediate release

Statement from the ASEAN LGBTIQ Caucus

ASEAN Human Rights Declaration Refuse to Protect LGBTIQ Rights!

This week November 18, 2012 at the ASEAN Summit in Phnom Penh, Cambodia, the Association of Southeast Asian Nations (ASEAN) heads of state adopted the first ever ASEAN Human Rights Declaration (AHRD).  To the grave disappointment of representatives of the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) peoples through out the region, the declaration did not include protections for this highly vulnerable group.

We, the ASEAN LGBTIQ Caucus  are outraged and disappointed by the decision of the ASEAN Head of States to adopt the AHRD that excluded sexual orientation and gender identity (SOGI). Despite countless attempts and demands by the members of civil society, including LGBTIQ groups, to push for its inclusion, ASEAN have remained reticent to the attempts. This AHRD not only shows a lack of respect to LGBTIQ people but also makes a mockery of the international human rights values and principles that all nations and citizens abide by and are held accountable to.

“Evidently, the numerous failed attempts to engage with AICHR and the recent adoption of ASEAN Declaration with no mention of SOGI, sends a clear message that the human rights of LGBTIQ people are irrelevant to them,” explained Vien Tanjung, founder of Her Lounge.

AWARE posted a good overview of recent changes in the Asian LGBT landscape over the past few months. It included some info from a roundtable discussion held on Aug 16 where Sayoni's Jean Chong and Kelly Then spoke.

Here are some relevant parts, but I recommend reading the entire post.

From Beyond 377A:

Pressure from prevailing social attitudes are not countered by any significant State support. While there is no data for Singapore, the worldwide rates of depression, substance abuse and suicide are higher for LGBT youths; they are often teased and bullied in school because of their perceived sexual orientation and gender identity. There is no information on safe sex for gay teens in the current sex education syllabus, and no state-sponsored institutions that have expertise in providing counselling for those grappling with LGBT issues.

Jean also mentioned that a study that has shown that many gay people go back into the closet when they grow old, because old folks’ homes are not open to the idea of same-sex relationships.

In the absence of decriminalization and State recognition, it is therefore crucial to include LGBT perspectives in areas such as research, advocacy, and social services, said Kelly. These include the Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW), sex education, maternal and paternal leave, violence in relationships, singles, de facto relationships (where couples may cohabit for extended periods but not marry), ageing, poverty, and sexual harassment – all issues that impact the LGBT community.

How do you think our invisibility in the state mechanism affects you personally?

Word of a parenting guide launched in Penang spread quickly on the blogosphere this week. It was apparently unveiled during a seminar that Malaysian Deputy Education Minister Mohd Puad Zarkashi attended.

From Free Malaysia Today:

The guide listed four symptoms each for gays and lesbians:

For gays:

• Muscular body and a fondness for showing off the body by wearing clothing, such as by wearing V-necks and sleeveless tops
• A preference for tight and bright coloured clothes
• An inclination to be attracted to men
• A tendency to carry big handbags, similar to the kinds used by women

For lesbians:

• Showing attraction to women
• Distancing themselves from women other than their girlfriends
• A preference for hanging out, sleeping and dining with women
• Absence of feelings for men

This article is by Indulekshmi Rajeswari, who was the head of M Ravi's legal team in the case.

Today was an absolutely historic day in the fight for LGBT rights in Singapore. The Court of Appeal decided to allow the constitutional challenge against s377A to go ahead, reversing the decision of the High Court.

At around 11am today, the Court of Appeal of Singapore released their decision regarding the hearing that took place almost a year ago, in 2011. I reported on the hearing back then, and it is useful reading for those who wish to know the background on this case.

In the 106-page judgment, the Court of Appeal explained their reasons. The reasons given are more or less consistent with the arguments of the Appellant, Tan Eng Hong. Primarily, the Court of Appeal opined the following:

In the past few weeks, there's been a good buzz coming from Vietnam. The Associated Press reported on the Justice Ministry's proposal on same-sex couples, and the Justice Minister said some very reasonable words that show a respect for LGBT rights that have never come from our local Singapore ministers.

Even longtime gay rights activists are stunned by the Justice Ministry's proposal to include same-sex couples in its overhaul of the country's marriage law. No one knows what form it will take or whether it will survive long enough to be debated before the National Assembly next year, but supporters say the fact that it's even being considered is a victory in a region where simply being gay can result in jail sentences or whippings.

The LGBTIQ People's Caucus in Cambodia has issued the following statement, also endorsed by Sayoni, calling for sexual orientation and gender identity to be included in the ASEAN Human Rights Declaration.

[Source]

Inclusion of SOGI Issues and Rights in the ACSC/APF and in the ASEAN Human Rights Declaration

The second convening of the ASEAN Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) People’s Caucus at Phnom Penh, Cambodia was not only to celebrate diversity but moreso, to remind the governments and members of civil society that the recognition, promotion and protection of LGBTIQ rights are still long overdue.

For the second year, issues pertaining to sexual orientation and gender identity (SOGI) have been given equal priority and attention as other struggles and issues at the ASEAN Civil Society Conference/ASEAN People’s Forum (ACSC/APF). While we appreciate the long overdue acknowledgement and opportunity, we need the ACSC/APF to do more than just lip-service.

Following on the last update, Malaysia's courts, unfortunately, did not think the LGBT rights festival ban was up for debate.

Yahoo! News: AG objects to 'Seksualiti Merdeka' ban review

The Attorney-General’s Chambers today objected to the judicial review application filed by the organisers of Seksualiti Merdeka on the police ban of its programmes last November.

This comes after the matter came up at the Kuala Lumpur High Court (Appellate and Special Powers Division), before judge Rohana Yusuf.

In the past week, the state of gay marriage in the US wavered again. The Ninth Circuit Court of Appeals ruled that California's Proposition 8 (upheld in 2008) was unconstitutional. Then one day later, Washington voted to approve gay marriage, and the bill will be signed into law very soon. That will hardly be the end of the matter, and the US will certainly witness more back and forth in the days to come, but it could be a step in the right direction.

On Proposition 8, the burning question is whether the case will be brought all the way up to the Supreme Court. The Huffington Post, in its The Top Ten Questions on the Next Steps article, claims that "many legal experts" say "the Court is less likely to take the case". For a more provocative read, The Slate attempts to unmask some of the politics between the DOMA lobby (that's "Defense of  Marriage Act") and the anti-Proposition 8 group in A Losing Proposition: Why gay-rights leaders don’t want their big Prop 8 victory to go to the Supreme Court.The more technically inclined might want to read up on a legal analysis of the case that points out how groundbreaking the ruling is.