Importance of Data in Developing and Supporting Legal and Policy Advancements in LGBTI Inclusion Emphasized at the ILGA Asia Conference
8 December 2017
Phnom Penh — The findings of recent research studies on the experience and portrayal of lesbian, gay, bisexual, transgender and intersex (LGBTI) people should be used to inform legal and policy changes on health care, and social and employment protection, said academic and community researchers during the “Bridging the gap: Data to policy” session at the ILGA Asia Conference.
Consisting of academic and community-based researchers, the seven panellists presented their respective multi-country and national studies, which included explaining the methodology, data analysis and implications. Throughout the session, the presenters emphasized the relevance of data on advocating for protective laws and policies that are LGBTI inclusive. This session was organised by UNDP through the Being LGBTI in Asia programme.
The first presentations focused on access to employment for LGBTI people. Cianán B. Russell from the Asia Pacific Transgender Network (APTN) shared findings from a multi-country study supported by UNDP and The Robert Carr Network Foundation, which highlighted the differential treatment transgender people receive when applying for jobs. The study is being carried out by APTN and Curtin University (Australia) and will be released in early 2018.
“When a job application is sent by a trans candidate, they are approximately 40 percent less likely to be called for an interview than an equivalent non-trans candidate,” said Russell. “In general, trans applicants are also required to go through extra scrutiny, such as enquiries about their current appearance and surgery.”
Professor Suen Yiu Tung from the Chinese University of Hong Kong presented a study on LGBTI people’s experiences of workplace discrimination in China, the Philippines and Thailand. Supported by UNDP, the preliminary findings showed that around 21, 30 and 23 percent of respondents in China, the Philippines and Thailand, respectively, reported being harassed, bullied or discriminated against by others due to their gender identity and/or sexual orientation in their current or latest workplace.
“There is little recourse to remedy the situation when LGBTI people experience workplace discrimination,” said Suen. The study showed only around 30 percent of the respondents who experienced workplace harassment, bullying and discrimination reported the problem, and when they did so, an even smaller percentage were satisfied with the result. This has implications on the need for governments and the private sector to develop and implement formal policies and dispute resolution mechanisms for non-discrimination and equal treatment of LGBTI employees. Training and awareness raising are also needed to make sure such policies and mechanisms are properly implemented.
Ryan Silverio, Regional Coordinator of ASEAN SOGIE Caucus, presented on a desk review on the effectiveness of UN human rights reporting mechanisms in LGBTI advocacy covering 12 countries (ASEAN plus China and Timor-Leste). He noted that the abundance of reports filed under the Convention on the Elimination of all Forms of Discrimination Against Women was due to its high ratification rate within the Asia region. He went on to show that there is a significant rise in the number of LGBTI groups engaging with the Universal Periodic Review.
When discussing the Convention on the Rights of the Child (CRC), Silverio stated, “Despite its high ratification rate in the region, many groups have not fully maximized the reporting process under the CRC. In the 12 countries covered, only one countries’ CRC concluding observation has a reference on sexual orientation, gender identity and expression (SOGIE).”
Challenges remain due to the general lack of understanding of the role of mechanisms and human rights frameworks within activist groups, perceived language barriers, as well as government intervention and censorship. This forthcoming regional study was supported by UNDP in partnership with ASEAN SOGIE Caucus. Based on the country data, 12 country briefs were developed and are available here.
Research from the first national survey of transgender and gender non-conforming persons conducted in China through an online survey by the Beijing LGBT Center, revealed that the lack of access to legitimate medical procedures has led to 33 percent of respondents considering obtaining illegal hormone therapy drugs. Moreover, suicidal tendencies are high amongst the transgender community, with transwomen being particularly vulnerable. Based on this data, Trans Programme Manager Kelly Kiseki urged for the implementation of transgender-specific sex education in school curricula, anti-discrimination legislation and standardized redress mechanisms.
Apart from education and health authorities, the media can also play an important role in creating a non-hostile environment for the LGBTI community.
“Currently, LGBTIQ people are portrayed in ways that stigmatize and stereotype, threatening and degrading their human dignity,” said Dr. Kangwan Fongkaew from Burapha University in Thailand. “Thai media professionals should be sensitized regarding SOGIE and LGBTIQ human rights as well as trained to uphold basic ethical standards in journalism.”
Supported by UNDP, Fongkaew’s research analyzed 1,047 news articles that portray the LGBTI community in Thailand. The study, A Tool for Change: Working with the Media on Issues Relating to Sexual Orientation, Gender Identity, Expression and Sex Characteristics in Thailand, recommended a code of conduct on reporting be implemented, as well as LGBTI representation on media authority boards in the country. The results of the study have also been published in the Journal of Homosexuality.
In Cambodia, research studies and advocacy work together have managed to influence key policy documents, namely the National Gender Strategy (2014–2018) and the National Action Plan on Violence against Women and Children, which specifically note that lesbians and trans women are vulnerable groups at risk of violence. Dr. Vic Salas provided valuable insights into some of the challenges that have been encountered when conducting research on social exclusion of LGBT people.
“The language and terminology arising from international instruments, such as the Yogyakarta Principles, requires the translation of foreign ideologies into local settings,” said Dr. Salas. “Researchers also have to be cautious about the funding and expectation from donors as they affect the ambit of the research in terms of the population they may reach as well as research findings.”
LGBTI activists, experts and scholars working on sexual orientation and gender identity issues from up to 35 countries and territories gathered at the 7th ILGA Asia Regional Conference 2017 from 6–9 December to openly and frankly discuss the lived realities of LGBTI people, and to take stock of the many groundbreaking moments celebrated by communities in the past few years. The conference was organized in Phnom Penh by Rainbow Community Kampuchea (RoCK), a member of ILGA Asia. For more information visit https://ilgaasia2017.com/.
