“The future is bleak, the future is bright.”
With many pressing issues all around Asia and the rest of the world, it is easy to feel isolated and helpless—especially as youth who are pulled back and forth between two different images of the world. Where one paints the world as unforgiving; described to outcast those who are different, building walls and creating boundaries through cruel beliefs and systems that prohibit development. While the other describes the world as beautiful; bearing a bounty of potential, forming bridges of unity between communities, and working together to thrive. Despite how vastly different the two worlds are, both are equally real.
Human beings are diverse, coming from different walks of life, expressing themselves in different ways, and loving others in different forms. Those ideas are seen as beautiful by some as they are heinous to others.
In recent years, the struggle for LGBTQ+ rights has gained unprecedented global momentum, fostering more inclusive societies and challenging long-standing prejudices. For instance, the Director of Asia Programs at Outright International, Jennifer Lu, highlighted in her gender, youth, and human rights workshop at the 2023 SEASAT Youth Camp the normalization of queer existence in media campaigns. However, in many parts of Asia, the fight for LGBTQ+ rights remains an uphill battle. Going more in-depth into this social issue, I will be using the case of my home country—the Philippines- and its recent efforts with the SOGIE (Sexual Orientation and Gender Identity and Expression) Bill in the hopes of offering valuable insights into the importance of promoting LGBTQ+ rights in Asia, while examining the broader regional context through other various examples.
The Philippine SOGIE Bill: A Catalyst for Change
The Philippine SOGIE Bill has garnered both local and international attention for its efforts to protect the rights of LGBTQ+ individuals. This bill seeks to prohibit discrimination based on sexual orientation, gender identity, and expression, while also providing mechanisms for legal recourse and the promotion of LGBTQ+ awareness. This proposed legislation acknowledges that equality is a fundamental human right, regardless of sexual orientation or gender identity.
The bill itself aims to protect Filipinos from forms of discrimination based on their SOGIESC (Sexual Orientation, Gender Identity, Gender Expression, and Sex Characteristics). Protecting them from media that incites violence against them and other establishments that deny them service as well as giving them the right not to be refused or expelled from the Philippine military or their place of work because of their SOGIESC.
However, the journey of the Philippine SOGIE Bill has been fraught with challenges. Conservative cultural values, religious beliefs, and societal norms have contributed to the bill's prolonged struggle for enactment. Although the House of Representatives approved the bill last May 2023, the passing of the bill in the Philippine Senate remains sluggish. Once the Senate approves it, the SOGIE Bill still requires approval from the President. Concerned government agencies and institutions will also need to implement its provisions, and its enforcement monitored. Nevertheless, the tireless efforts of LGBTQ+ activists and allies have managed to keep the conversation alive, highlighting the need to confront discrimination and inequality head-on.
Broader Regional Perspective
To truly understand the significance of LGBTQ+ rights in Asia, it is imperative to consider the broader regional context. Across Asia, a patchwork of laws and cultural attitudes exists, ranging from countries with progressive policies to those where homosexuality remains criminalized. This diverse landscape highlights the urgent need for consistent advocacy and education.
One example of progress can be seen in Taiwan, where same-sex marriage was legalized in 2019, marking a historic milestone for LGBTQ+ rights in Asia. As shared by Jennifer Lu in her workshop, Taiwan's journey serves as a beacon of hope, demonstrating that societal change is possible even in traditionally conservative societies. Meanwhile, countries like India and Nepal have made strides in recognizing third-gender individuals and granting legal recognition to transgender people.
However, the unfortunate reality is that LGBTQ+ individuals continue to face challenges in many parts of Asia. In countries like Brunei and Malaysia, for instance, colonial-era anti-sodomy laws persist, leading to systemic discrimination and human rights abuses against LGBTQ+ individuals. The struggle for LGBTQ+ rights in Asia is far from over, but the Philippine SOGIE Bill and other examples from the region showcase the importance of continued advocacy and dialogue. The Philippines' experience shows that despite resistance, social change is possible through persistent efforts and alliances between LGBTQ+ activists, civil society, and progressive lawmakers.
Many Asian countries lack clear legal mechanisms for changing one's gender marker on identification documents, making it challenging for transgender and nonbinary individuals to have their gender identity legally recognized. Additionally, most Asian countries have limited access to gender-affirming healthcare, including hormone therapy and gender-affirming surgeries. This lack creates significant issues in many Asian countries, leading to disparities in health outcomes and rising rates of suicide within the transgender population. Aside from the health and legal implications for the transgender community, you can also highlight the need for a country’s law to recognize same-sex partnerships legally. A country’s civil laws should be able to accommodate LGBTQI rights when it comes to marriage, separation, adoption of children, succession, property rights, and others.
Regional coalition building among youth to face these pressing issues may sound daunting from macro lenses but I sincerely believe that if we take it one step at a time—starting from institutions such as our schools or areas like our own neighborhood, our collective action can snowball into the global change we need. By building communities and organizations, creating clubs among friends, or even using your sole voice, you are opening the gates to opportunities that will allow your advocacies to be heard. A great example of a start would be creating school organizations with the goal to create safe spaces for queer youth. The Supreme Student Council of the University of San Carlos (my current university) have developed the USC Supreme Student Council Special Committee on Gender and Development, an entire team that aims to create a safe and well-educated community within the campus through conferences and events.
With the 2023 SEASAT Youth Camp’s theme being Bridging Boundaries: Harnessing Collaboration, Inclusion, and Innovation for Next Leadership, it gave me a lot of hope when my gender identity was recognized and respected by the staff and fellow delegates. Promoting LGBTQ+ rights in Asia is not merely a matter of principle; it reflects our commitment to human dignity, equality, and social justice. As the world moves forward, it is crucial for Asia to embrace its diverse LGBTQ+ population, fostering societies where everyone can live authentically and without fear of discrimination. By learning from each other's experiences and joining hands, Asia can become a beacon of LGBTQ+ rights progress, setting an example for the rest of the world to follow.
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References
Senate of the Philippines. (n.d.). "Anti-Discrimination Bill Based on Sexual Orientation, Gender Identity and Expression (SOGIE).". Retrieved from http://www.senate.gov.ph/lisda...
The Guardian. (2019). "Taiwan Legalizes Same-Sex Marriage in Historic First for Asia." Retrieved from https://www.theguardian.com/wo...
Human Rights Watch. (2019). "Brunei’s Anti-LGBT Policies Violate Human Rights." Retrieved from https://www.hrw.org/news/2019/...
Human Rights Watch. (2017). "Discrimination and Violence Against LGBT People in Malaysia." Retrieved from https://www.hrw.org/report/201...
Human Rights Watch. (2019). "India Passes Historic Bill Recognizing Transgender People." Retrieved from https://www.hrw.org/news/2019/...
Amnesty International. (2021). "Inclusive Human Rights Legislation Essential for LGBT People in Nepal." Retrieved from https://www.amnesty.org/en/lat...
World Professional Association for Transgender Health. (2012). "Standards of care for the health of transsexual, transgender, and gender nonconforming people." Retrieved from https://www.wpath.org/publicat...
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About the Author
Ari Osmeña is a student at the University of San Carlos studying a Bachelor of Science degree in the field of Psychology where they have strived to create a safespace for fellow queer youth. They were a delegate in the National Youth Congress held by the University of the Philippines – Diliman, were the Editor-in-Chief of their high school’s creative writing magazine and is currently the Head Illustrator of their university publication. They intend to
create future projects for their student body's LGBTQ+ Community using their skills in the arts, literature, and public speaking.
Ari can be reached at [email protected]