Stop Persecution Against Sexual Minority Groups in Indonesia!

The Commission for the Disappeared and Victims of Violence (KontraS) already followed systematically the controversy and the persecution practices that recently pointed towards the sexual minority groups or LGBTIQ that being strengthen these days. The arresting of 140 people in Atlantis Club in Jakarta (21/05) until the practice of 85 times canning verdict towards the gay couple in Aceh recently before the Ramadan month as politization towards the law itself.

In KontraS perspective, this “seasonal discrimination” keep appearing and utilized by the law enforcement apparatus while the symbol of the law enforcement in Indonesia tend to have various failures these days. Whether the state and law enforcement apparatus seem wanted to reclaiming the figure of authority and the throne as well is not in line with the accountability measures; eventhough the authority of security in Jakarta and Aceh already referred to the Law No. 4/2008 regarding Pornography article 36 jo. Article 10 and the Provider of Pornography Business article 30 jo. Article 4(2) including the implementation of Qanun No. 17/2014 regarding Jinayat Law that prohibit the same-sex physical relation in Aceh.

There seem some situations that did not want to be answer by President Joko Widodo towards the persecution and “seasonal discrimination”, particularly that pointed towards the sexual minority groups. Although, on October 19, 2016 the President as quoted in various media already stated that, “in Indonesia there are no discrimination towards the minorities, whether related with the ethnic, religion, and everyone are protected.” For the issue of discrimination against the sexual minority groups, President answered, “Police should act, no one shall being discriminated.”

This message seemed to not fully guaranteed by the state authorities. Similar with the statement that we published for the issue “Fabricated Operation of Anti-Communism” for the anti-communism drama, state also using the information technology instrument in spreading:

First, propaganda the anti gesture and widening the “seasonal discrimination” according with the measurement of sexual normality, while these days and amongst these recent months we watched various of photos and videos that published that showing the private and personal activities of some persons. Eventhough, the security apparatus spreading the audio-visual matters as well.

Second, the operations that targeting the sexual minority groups already success to multiply the “anti feeling” towards these minority groups. In the midst of the political religion identity aftermath Basuki Tjahaja Purnama verdict against ‘blasphemy’.

This situation seem to wanted some justification based on the rule of law that already get the evaluation concerns globally. The persecution against sexual minority groups is one of the issues that did not get any answers by the Government of Indonesia representatives that represented by Ministry of Foreign Affairs and Ministry of Law and Human Rights in the Session of 3^rd Cycle of Universal Periodic Review (UPR) in Geneva early this month. At least 11 countries already provided recommendations towards the Government of Indonesia regarding its position on the worsening situation of vulnerable groups protection which is towards the sexual minority groups, whith the measure of tradition and religion that strengthening the law enforcement element in Indonesia and in other specific part such as Aceh.

The article 2 of International Covenant of Civil and Political Rights (ICCPR) already highlighted that state shall be respect and ensure the civil and political rights shall be enjoyed by all of citizens, without distinction as one of the basis towards the sexual orientation and in the article 26 stated that the state shall ensure the equality before the law.

Protection, prevention, revocation of discrimantive law, prohibition on discrimination and the guarantee of sexual minority groups issues should as well become the core obligation of the government. If not, the widening of potential hatred will utilize the sexual identity diversity instrument, after the religion and communism ideology issues already politicized for the political elites interests , that obviously against human rights, anti-accountability, and anti-equality.

Jakarta, May 22, 2017

KontraS Workers,

Yati Andriyani, S.HI

Executive Coordinator