Why the Asean Inter-Governmental Commission on Human Rights lacks teeth
What's the difference between a katoey and the Asean Inter-Governmental Commission on Human Rights? The answer, as every katoey already knows, is that katoeys have teeth but the proposed commission doesn't.
As one of the most oppressed groups throughout Asean, a transgender needs all the teeth she has in order to fight the world's prejudices and discrimination. Yet, as a body to guarantee equality and non-discrimination for them and everyone else, the commission has no mechanism to address human rights violations, as its terms of reference only mention human rights promotion but not protection.
Of course, katoeys also have backbones and actually believe in who they are, while the commission can only pay lip service to human rights.
Civil societies, already light-years ahead, do not need cheerleading but solid commitment from the government, backed up by real actions not mere words, because more often than not human rights violations are committed by the government.
Our country Thailand is no different. Although our outgoing National Human Rights Commission, and especially commissioner Naiyana Supapeung, has lent support to LGBT groups, governments have continued to ignore, or worse oppress, sexual minorities.
The Administrative Court, after 30 months, has yet to rule on the case involving the Defence Ministry's insulting practice of branding transgenders as "mentally ill" and 'psychotic' on their military exemption papers. In the meantime, supreme courts in Nepal and, last week, conservative Pakistan have overtaken ours by ruling in favour of equal rights for their "third sex" citizens.
That's why the regional body was considered as a new hope. But despite being late in coming, this commission has a far lower standard than its counterparts around the world. Even the African Commission on Human and Peoples' Rights has taken up LGBT issues as one of its concerns. None of that can be foreseen for Asean. In the UN General Assembly last year, no Asean country supported the landmark statement to condemn criminalisation of homosexuality - a disgrace for the region that gave birth to the Yogyakarta Principles.
That's unlikely to change any time soon. As long as Asean's infamous principle of non-interference is still in place, Asean will hardly amount to anything other than business as usual, while its human rights body - until it's independent, accountable and effective - risks being seen not as protection mechanism for its people but collusion to shield governments from international scrutiny.
Being toothless may be appropriate for human babies, but it's not a virtue of a human rights watchdog.
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