Celebrating 10 years of the Yogyakarta Principles: What have we learnt and where to now?
Recognising the universality of human rights still remains a challenge; yet, there is also the need to
appreciate that universality is often used selectively as an instrument of domination. Therefore, when
we claim universality, we must also chart and value the multiple cultural narratives on being oneself and
belonging to communities, especially in terms of juridical and jurisprudential research and thinking.
The problem of state and state-centrism as well as challenges in state engagement remain contentious.
States may respond positively in regard to one domain of rights, while at the same time being complicit
to violations in other critical areas. State behaviors could also be highly inconsistent between global and
national arenas. Given their complex and contradictory structures, states must be seen as battlefields in
which many powers and interests are always at play.
The domain of market forces, which often amplify or restrict the prerogatives and entitlements in
relation to sexual rights, is also crucial especially with the increasing role of the private sector and free
market players. The intrinsic tendency of market forces in the creation and recreation of inequalities
further complicates the efforts to change government policy, especially in relation to discrimination. The
increasingly forcible religious and dogmatic ideologies make the effective realisation of human rights in the
realms of genders and sexualities all the more challenging.
Intersectionality is identified as one of the main challenges ahead, especially in the context of the
intersectionality of discrimination. Markers of individual characteristics are linked to structural hierarchies
intrinsically connected with the patterns of persistent or recreated inequalities previously underlined, which
cut across the groups and communities that are to be potentially protected by the Principles. Aspects
of normative violence derived from religious interpretations, biomedical categories, among others, often
manifest in the form of pathologising trans- and intersex people. In view of these challenges, there is
wide room for intersectional work across various domains in respect to the revision and application of
the Principles. Ongoing efforts in relation to the criminal law dimensions of criminalisation of same sex
relation, abortion and pregnancy, sex work, adultery, HIV transmission and drug use are also essential to
ensuring the effective promotion of the Yogyakarta Principles.
Three speakers were then invited to give short closing reflections. Midnight Poonkasetwattana remarked
on the importance of building a community and the feeling of being part of a community. In order to fully
realise the benefits envisioned in the Yogyakarta Principles, they must be community-owned, especially
given that the Principles are based on the needs and struggles of the community.
There is an urgent need to prioritise the programmes and activities in the promotion of the Principles, and
to identify the potential sources of funds for future activities. It is also vital to recognise that institutions
and mechanisms that are supposed to be supportive are often not when the need is highest. This calls for
support institutions to maintain focus and vigilance at all times. What can be organised at the national and
regional levels and what can regional and international organisations do to sustain the efforts to promote
the Principles and the protection they offer?
Developing more innovative ways to engage with the wider community and building and strengthening
partnerships must be explored. As stressed by many speakers earlier, translating the Yogyakarta
Principles into simple language that people can understand and appreciate need to be a key area of
attention, which would help achieve more inclusion in the community. Taking time to think about the future
challenges and tasks in relation to the Principles and building stronger partnerships with the community
should be given priority.
Nadika Nadja pointed out to the few dark corners that people don’t see, especially raising the question
as to what we are potentially leaving out of our discussion and work. The idea of using proper definitions
and clear language in relation to sexual orientation and gender identity – including questions such as what
is trans – and what is intersex – must be addressed. However, while the scrambling to better understand
the issues, we must not lose sight of what is important and urgent in achieving equal dignity and rights for
everyone.
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