progressive legislation
-
ESTONIA: ‘Legal changes deepen the cultural shift favourable to LGBTQI+ rights’
CIVICUS speaks about civil society’s role in the recentlegalisation of same-sex marriage in Estonia with Kelly Grossthal, head of strategic litigation at the Estonian Human Rights Centre (EHRC).Established in 2009, the EHRC is a human rights civil society organisation (CSO) working to create anopen society where human rights are guaranteed by the state, and where everyone knows that their rights, as well as the rights of others, deserve equal protection.
How significant is the recent legalisation of same-sex marriage?
Marriage equality has always been the ultimate goal of LGBTQI+ and human rights advocates. The previous arrangement, that of civil unions, was only a temporary compromise. In 2014, the Estonian parliament passed the gender-neutral Registered Partnership Act, which came into force in 2016. Under this law, couples entering a partnership agreement are entitled to joint property rights, succession rights, shared financial obligations, access to each other’s private information and resolution of issues related to the end of life. However, due to the law’s lack of implementation provisions, many couples had to resort to the courts to be able to actually exercise these rights.
In 2018, the Supreme Court ruled that, regardless of the lack of implementing provisions, the Registered Partnership Act was in force and was part of the Estonian legal order. It stated that failure to issue implementing provisions did not automatically render the legislation unconstitutional, as some argued. This highlights that even with the Registered Partnership Act in place, the struggle for marriage equality persisted.
How did the EHRC advocate for legal change?
Since its establishment in 2009, the EHRC has monitored legislation that impacts on LGBTQI+ people and put forward suggestions to improve it. Our main advocacy goal has always been legal equality. However, we have encountered numerous obstacles, primarily stemming from the political climate and societal attitudes. For many years LGBTQI+ rights lacked support from public opinion, and therefore it was not advantageous for politicians to actively champion the cause.
We have conducted public campaigns advocating for LGBTQI+ rights as human rights, engaged in research, contributed to public discussions and pursued legal cases through our strategic litigation programme. Strategic litigation aims to have a societal impact through specific cases and narratives. When selecting cases related to the LGBTQI+ community, our primary criterion is their potential to maximise a positive outcome for LGBTQI+ people’s human rights.
We handled several cases that have improved access to social benefits and adoption rights for LGBTQI+ people and filed petitions for constitutional review of regressive laws. For instance, in 2019 the Supreme Court ruled that a provision in the Aliens Act that prevented the granting of temporary residence permits to same-sex registered partners of Estonian citizens for leading a family life in Estonia was unconstitutional and therefore invalid.
Many of our advocacy efforts have been planned and executed in cooperation with the Estonian LGBT Association and the Equal Treatment Network, which unites 10 Estonian CSOs dedicated to protecting the equal rights of different target groups.
How have public attitudes towards LGBTQI+ people evolved over time?
Just a couple of years ago, the majority of Estonians opposed marriage equality. Resistance could have been influenced by personal values, religious beliefs, or a fear of change. Over the past few years, however, there has been intense societal debate over LGBTQI+ issues. Various video campaigns and petitions have been launched both in support of and against the Registered Partnership Act, marriage equality and LGBTQI+ rights more generally. Unfortunately, this has led to an increase in hate speech towards LGBTQI+ people, fuelled by conservative politicians. But it had the positive effect of making rainbow families more visible, as they shared their stories in response to anti-rights attacks.
The ongoing debate and increased visibility have played a crucial role in driving cultural change and garnering support for LGBTQI+ rights. The adoption of the Registered Partnership Act and the legalisation of same-sex marriage were two big milestones. Legal changes seem to have further deepened the positive cultural shift.
For over a decade the EHRC has commissioned public opinion surveys on LGBTQI+ issues from an independent research company, Turu-uuringute AS. According to the most recent one, conducted earlier this year, support for marriage equality has increased by six points in the past two years, with 53 per cent of Estonians currently in favour. Progress has been significant: a decade ago only 34 per cent were in favour and 60 per cent opposed it.
Civil society has been instrumental in shifting public opinion about LGBTQI+ people, with numerous LGBTQI+ groups and networks organising events for both LGBTQI+ people and the public as a whole.
The Estonian LGBT Association has been the main organiser of Baltic Pride, the most recent of which took place in the capital, Tallinn, in June, just before the parliamentary vote on marriage equality. It attracted over 7,000 participants from three Baltic states and there were no major incidents. It was a truly joyous march followed by an open-air concert with community artists and a picnic.
Since 2017, Estonia has also hosted an LGBTQI+ film festival, Festheart, organised by a small CSO. Initially held in the town of Rakvere, by 2020 it had expanded to Tartu, Estonia’s second-largest city.
Has the legalisation of same-sex marriage elicited any anti-rights backlash?
As anticipated, there has been a conservative backlash in response to the new legislation. Two parties, the Conservative People’s Party of Estonia and Isamaa (Fatherland), have been vocal opponents of LGBTQI+ rights in general and marriage equality in particular. Their leaders and prominent members have expressed great dissatisfaction with the new law, and some politicians have pledged to reverse it should conservative parties regain power.
The anti-LGBTQI+ civil society movement in Estonia is closely linked to conservative parties. A few weeks before the final parliamentary vote, conservative CSOs and parties organised a demonstration in front of parliament. Surprisingly, it attracted only a few thousand protesters and was not as visible and large as some previous demonstrations. Nonetheless, protests of this nature will likely continue in some form, although their scale and impact are difficult to predict.
Do you think progress in Estonia can pave the way for similar developments in other post-Communist countries?
We certainly hope so! At the same time, it is crucial to acknowledge that each country in our region is distinct, with its own language, culture and political landscape. In the case of Estonia, there’s currently a ruling coalition with all three members prioritising individual liberties, which has provided civil society with a historic opportunity to advance marriage equality. Hopefully, favourable conditions will also arise for our Baltic friends and beyond.
Meanwhile, we are delighted to share our experiences, both failures and successes, with our regional allies. Although we are a traditional human rights advocacy organisation, we maintain strong connections with LGBTQI+ CSOs in Latvia and Lithuania. We have collaborated on several international projects related to combating hate speech, working with victims of hate crimes and promoting equal treatment.
What forms of international support does Estonian civil society need to keep supporting LGBTQI+ people and advancing their rights?
International cooperation and support are incredibly important. Human rights work can be frustrating at times, and it is comforting to connect with others working in other countries and facing similar societal and personal struggles. While it may sound like a cliché, it is vital to establish connections, share experiences and learn from each other. This process is empowering and fosters development.
It is crucial to recognise that marriage equality alone will not solve all the problems. Issues such as bullying of LGBTQI+ children, harassment of LGBTQI+ people, anti-LGBTQI+ hate speech, disinformation, intolerance and the denial of transgender rights continue to be pressing concerns. We have seen in other countries that progressive laws and legal precedents can be reversed. Therefore, it is essential for like-minded individuals and CSOs to cooperate across borders. Just as we are currently endeavouring to support the human rights of Hungarian LGBTQI+ people through various actions and means, we hope to receive support ourselves in times of urgent need.
Civic space in Estonia is rated ‘open’ by theCIVICUS Monitor.
Get in touch with the Estonian Human Rights Centre through itswebsite or itsFacebook page.
-
ITALY: ‘The constitution now contemplates the interests of future generations’
CIVICUS speaks with Edoardo Zanchini, National Vice President of Legambiente Onlus, about the recent legislative vote that introduced environmental protections in the Italian Constitution, and civil society’s role in making it happen.
Established in 1980, Legambiente Onlus is an Italian civil society organisation (CSO) that works towards a clean and liveable environment by monitoring environmental issues, diagnosing problems and offering solutions, denouncing environmental crimes and seeking to hold those responsible to account, running sensitisation campaigns and educational projects, and advocating with policy makers.
What is the significance of the recent constitutional amendment that mandates the state to safeguard ecosystems and biodiversity?
It’s very important because it elevates the protection of the environment, biodiversity and ecosystems to the constitutional level. Before this amendment, the Italian Constitution did not explicitly recognise environmental protection as a fundamental value. The new text of Article 9 establishes the principle of environmental protection ‘in the interest of future generations’, a reference to the concept of sustainable development, according to which natural resources cannot be exploited in an unlimited way – that is, without taking into account that they are finite and how this will affect those who will come after us.
A change to Article 41 also establishes that economic initiatives cannot be carried out in a way that could create damage to health or the environment. Before, the only constitutionally recognised restrictions were those related to security, freedom and human dignity.
Wording was also introduced regarding the ‘protection of animals’, and this was the only point around which there were strong disagreements: pressure from hunters’ associations was strong and led to a compromise.
Do you view the amendments as a civil society victory?
Yes, it was a victory for the CSOs that have long been committed to the defence of ecosystems, the landscape and biodiversity. These amendments would not have been introduced if it hadn’t been for the growing awareness of the importance of these values and the increasing interest in their defence. And that awareness is the result of sustained civil society work.
It has been a long road to reach today’s great consensus on environmental issues. And consultations with environmental CSOs in the amendment process were a key factor in that they helped put pressure on political parties to make the right decision.
The fact that nobody openly campaigned against the amendment proposal is very telling: it shows there is a broad consensus, stronger than any political divide, around values that are recognised as being in the general interest, even as part of the identity of local communities and Italy as a whole. Aside from the strong conflict around the protection of animals, it got to the point that those who have an interest in pollution continuing to be allowed or overlooked were very careful not to take part in any controversy.
Do you see the constitutional change in Italy as part of a European trend?
In recent years several European countries have amended their constitutions to explicitly include and strengthen environmental protection. In all countries there is a strong consensus around this perspective, with an increasing public demand for information on environmental issues and increasingly active citizens who take it upon themselves to get informed, visit protected areas and valuable landscapes, and organise to demand their preservation for future generations. Environmental associations from all over Europe have been working together for many years on issues such as natural resource protection, the push towards a circular economy and the battle against climate change.
We also frame our initiatives and campaigns in the context of our membership of regional and global networks such as the Climate Action Network, which includes over 1,500 CSOs in more than 130 countries in every global region, the European Environmental Bureau, which is the largest network of environmental CSOs in Europe, with over 170 members in more than 35 countries, and Transport & Environment, Europe’s leading clean transport campaign group.
What needs to happen next, both in terms of implementation and further policy development?
Now it will be necessary to update the regulatory framework to include protection measures that had so far not been considered. The new constitutional reference to environmental protection will also allow environmentalists to appeal against laws that are in contradiction with it. Of course, Italy will have to review all its regulations related to environmental impact assessments, which were established without taking into account the protection objectives that are now part of our constitution.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Legambiente Onlus through itswebsite or itsFacebook andInstagram pages, and follow@Legambiente on Twitter. -
JAPAN: ‘Each victory brings backlash, but LGBTQI+ people will keep fighting for equality and dignity'
CIVICUS speaks about the struggle for LGBTQI+ rights in Japan withAkira Nishiyama, Deputy Secretary General of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).Founded in 2015, J-ALL seeks to remove social barriers based on sexual orientation and gender identity (SOGI). It does so by convening consultations, producing research, developing policy proposals, raising awareness among the public and lobbying government officials and legislators.
What are the implications of recent court rulings on same-sex marriage in Japan?
In 2019, five lawsuits were filed at Japanese district courts addressing same-sex marriage. Four out of five court rulings were positive. Nagoya and Sapporo district courts declared that not allowing same-sex marriage was against the Constitution, while Fukuoka and Tokyo district courts ruled that it was ‘in a state of unconstitutionality’.
The Osaka court was the only one to rule negatively on the three constitutional clauses in question. Clause 1 of article 24 says that marriage shall be based on the mutual consent of both sexes, and the court argued that this clause pertains to heterosexual couples only and doesn’t guarantee same-sex marriage. The court affirmed that legal protection for same-sex relationships hasn’t been fully discussed yet and therefore the Civil Code and Family Register Act, which doesn’t recognise same-sex marriage, is not against clause 2 of article 24, which upholds individual dignity and the essential equality of sexes in matters of marriage and family. Finally, the court argued that there are now minimal differences in the treatment of heterosexual and same-sex couples, and so the lack of recognition of same-sex marriage doesn’t violate article 14, which guarantees equality under the law.
Have you seen any positive change in public attitudes to LGBTQI+ people?
Since the lawsuits were filed, there have been significant societal changes. Various surveys indicate public support for same-sex marriage, and over 300 municipalities have introduced a partnership system for same-sex couples.
According to the 2019 research led by Professor Kazuya Kawaguchi from Hiroshima Shudo University, almost 65 per cent of the population supports same-sex marriage, with the percentage reaching 80 per cent among people in their 20s and 30s. Also, almost 88 per cent support legislation prohibiting bullying and discrimination against sexual minorities. Similar results have been observed in other studies.
How positive is the recently adopted law against discrimination?
The law passed in June 2023 is not an anti-discrimination law based on the grounds of sexual orientation and gender identity (SOGI), because it lacks the tools to address actual cases of discrimination. It should be understood as a ‘SOGI Understanding Law’: it primarily aims to promote public awareness of sexual and gender diversity. It mandates the government to create a basic implementation plan and operational guidelines, publish an annual white paper to monitor progress, conduct academic research and establish a liaison council to coordinate policy implementation. It also encourages ‘efforts’ by national and local governments, employers and schools to promote understanding through awareness-raising, setting up consultation services, educational activities and other necessary measures.
LGBTQI+ groups are concerned that article 12, which states that in implementing the measures each actor shall pay attention to ensure that all citizens can live with ‘peace of mind’ regardless of SOGI, may be interpreted by right-wing groups intentionally to mean that if one person raises concerns, local government cannot implement those measures. However, during the legislative session it was clarified that article 12 was added to emphasise a guiding principle stipulated in article 3, which declares that all citizens, irrespective of their SOGI, are respected as irreplaceable individuals who share basic human rights equally, and unjust discrimination based on SOGI is inexcusable.
Japanese civil society is still uncertain whether this law will have a positive impact, given that the implementation plan and guidelines are yet to be formulated. We hope that the law will be interpretated and applied in accordance with the guiding principles based on a thorough understanding of the legislator’s intention.
Have these legal changes been met with an anti-rights backlash?
This year, anti-LGBTQI+ remarks made by a former secretary of the prime minister in February and Japan’s hosting of the G7 Summit in May accelerated a social movement urging anti-discrimination legislation. As a result, there has been heightened criticism from some conservative members of the ruling Liberal Democratic Party (LDP) and religious groups.
Anti-transgender discourse has surged by exploiting women’s anxieties. It has gone along the lines of ‘if the law is passed, men claiming to be women will be able to come into women’s public toilets and baths (‘Sento’ in Japanese)’. A new caucus was formed within the LDP, allegedly to protect the peace of mind and safety of women and the fairness of women’s sports. Members of this caucus submitted a request to the Ministry of Justice to keep the ‘compulsory sterilisation’ requirement for legal gender recognition. The LGBTQI+ community must continue discussions on how to counter this backlash.
What are the next steps in your struggle?
Three crucial steps should be taken. First, a proper anti-discrimination law banning discrimination on the basis of SOGI must be enacted. Second, marriage equality must be recognised.
And third, inhumane requirements for legal gender recognition must be removed through the revision of the Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder or the approval of new legislation. The compulsory sterilisation requirement has been criticised both domestically and internationally. Recommendations to eliminate it were formulated by various states at Japan’s Universal Periodic Review by the United Nations Human Rights Council in January 2023. However, the Japanese government did not accept these recommendations. A Supreme Court ruling on the constitutionality of this requirement is expected by the end of this year, and we hope it’ll mark the beginning of a movement to amend Japan’s gender recognition law.
While many other things must be done to protect the human rights of LGBTQI+ people in Japan, we believe it’s crucial to first amend and enact laws on these three issues.
What international support do you receive, and what is needed?
At the international level, LGBTQI+ organisations from G7 member states, including us, have formed a new civic engagement group named ‘Pride7’ (P7) to highlight human rights violations related to SOGI globally and propose policy recommendations at G7 summits. In March, we organised the P7 summit with activists from G7 and global south countries and, as a result, handed the P7 communiqué to the governments of Japan, the UK and the USA. Additionally, 15 embassies in Japan released a joint video message ahead of the G7 Summit in Hiroshima, urging protection for the rights of LGBTQI+ people and expressing intolerance towards discrimination. With substantial support from the international community, we aim to pass on the P7 presidency to Italy, the host of the 2024 G7 summit.
We would appreciate your support to inform wider audiences about the current situation in Japan. Please follow our activities on our website or social media, and contribute through either a one-time or a monthly donation. If you represent a private company, we invite you to cooperate by adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of our global campaign called ‘#EqualityActJapan‘.
Civic space in Japan is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with J-ALL through itswebsite or itsFacebook page, and follow@lgbtourengokai on Twitter.
-
LATVIA: ‘The legalisation of same-sex civil partnerships has brought instant conservative backlash’
CIVICUS speakswith Kaspars Zālītis, a human rights activist and board member of Mozaika,about therecent legalisation ofsame-sex civil partnerships in Latvia.
Founded in 2006, Mozaika is the oldest LGBTQI+ civil society organisation (CSO) in Latvia. It promotes gender equality and anti-discrimination, raises awareness of diverse sexual orientations, gender identities and expressions of identity, promotes an understanding of diverse family models and their legal recognition and advocates for the harmonisation of Latvian laws with international standards.
How significant is the legalisation of same-sex civil partnerships in Latvia?
The Latvian parliament’s decision to legalise same-sex civil partnerships is historic, particularly considering the nine unsuccessful attempts that preceded it, spread over 24 years.
The decision, which involves eight separate pieces of legislation granting various rights to people in same-sex civil partnerships, is the first step, and a very significant one, to pave the way for further recognition of LGBTQI+ human rights in Latvia. This victory stands as a collective achievement of LGBTQI+ organisations working in tandem with legislators and shows how cooperation between civil society and politicians can foster positive change.
We have some wonderful politicians who facilitated the adoption of this package of laws, while we take the credit for having persuaded them to include LGBTQI+ issues on their agenda. Latvia’s first out LGBTQI+ president has also greatly contributed to a positive image and representation of the community.
Have you experienced backlash?
We’ve experienced instant conservative backlash and the issue is not yet settled. The civil partnership bill was passed by a small majority, and opposition parties asked the president not to promulgate it so they could have time to collect signatures for a referendum to repeal it.
As of today, seven out of eight amended laws have already been signed and are set to come into force on 1 January 2024, allowing people in same-sex civil unions to enjoy some social security and tax benefits and hospital visiting rights. However, the crucial piece of legislation that would allow notaries to register same-sex civil partnerships has been put on hold while the opposition seeks to collect the more than 155,000 signatures needed to call a referendum.
If called, the referendum will be binding if at least 50 per cent of the people who voted in the last election show up and vote. And if a majority of them rejects the law, it will be repealed.
The Latvian LGBTQI+ community is hopeful that this move won’t succeed. Hopefully there will be no referendum, or not enough people will vote in it if there is one, or they will vote against the repeal. We hope the president will be able to promulgate the law so that it can come into force by mid-2024.
How is Mozaika working to advance LGBTQI+ rights in Latvia?
Mozaika is Latvia’s only LGBTQI+ advocacy organisation and for a long time it was the only LGBTQ+ organisation in Latvia. We held a monopoly on LGBTQ+ issues, which resulted in some issues being overlooked due to resource constraints. Thankfully, several new LGBTQI+ organisations have recently been established to bridge the gaps.
Over 18 years, Mozaika has done a lot of work in advocacy, organising Pride events, conducting capacity development for civil society and providing training for the police and other professions. We have continuously engaged in conversations and raised awareness about LGBTQI+ issues among the public. Our efforts have led to a significant improvement in social attitudes toward LGBTQI+ people. In 2015, only nine per cent of people had a positive attitude, with around half neutral. A recent poll indicates a shift, with 25 per cent now expressing a positive attitude, while half maintain a neutral stance.
How do you connect with the international LGBTQI+ movement, and what further support do you need?
We cooperate closely with regional LGBTQI+ organisations to exchange best practices and learn from each other. One of the greatest examples of our cooperation is the annual Baltic Pride, rotating between the capitals of Estonia, Latvia and Lithuania, with Latvia’s capital Riga hosting the event in 2024. Mozaika is also a part of international umbrella organisations, including ILGA-Europe.
Like every CSO, we struggle with funding sustainability to maintain our activities and ensure financial independence. Given that LGBTQI+ issues are still not popular among local funders, Latvian LGBTQI+ organisations face additional challenges. Even though we’ve achieved significant milestones, we urge the international community to keep monitoring the political situation in Latvia to avert a broader conservative backlash that could jeopardise our accomplishments.
What are your next steps?
The positive changes witnessed since our founding in 2006 reflect the extensive and strategic character of our work. We’re going to persist in litigation on various fronts, such as addressing inheritance rights, seeking recognition for same-sex couples who have married or registered abroad and advocating for the recognition of the children of same-sex families. We’ll also keep working to combat the rising trend of online hate speech and anti-LGBTQI+ propaganda.
Civic space in Latvia is rated ‘open’ by theCIVICUS Monitor.
Get in touch with Mozaika through itswebsite or itsFacebook page and follow@lgbt_mozaika andKasparsZ on Twitter.
The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.
-
MALAYSIA: ‘Young voters could be Malaysia’s kingmakers
CIVICUS speaks with Tharma Pillai, co-founder and Advocacy Director of Undi18.
A youth civil society organisation (CSO) born out of the student movement, Undi18 successfully advocated for the amendment of article 119(1) of Malaysia’s Constitution to reduce the minimum voting age, allowing people over 18 to vote in the 19 November 2022 election.
How did Undi18 start and what was your objective?
In 2016, my co-founder and I were both studying in the USA and that year’s election inspired us. I came from a sciences and technology background, where most people don’t really care about these things. But seeing democracy in action and our US classmates engage with the electoral process made us reflect on our inability to vote in our home country, Malaysia. It was quite interesting that because they had the right to vote, they felt the responsibility of helping choose the best possible leader for their country.
We started thinking of ways to replicate these practices and bring this kind of energy into Malaysian university campuses. It was only natural for us to focus on the right to vote because voting age in Malaysia was 21, which meant that a high proportion of college students were ineligible to vote. This did not happen in the USA, where the minimum voting age is 18. By 2016, some of our US classmates were voting for the second time in their lives, while I had never yet had the chance. We thought that would have to change
When we did our research, we realised that our demand was not radical at all, and in fact it was long overdue. We were one of only eight countries in the entire world with a minimum voting age as high as 21. We launched Undi18 – which means ‘Vote18’ – as soon as we came back to Malaysia. Our single focus was on the amendment of article 119(1) of the Federal Constitution to lower the voting age from 21 to 18.
What tactics did you use to campaign for change?
To make sure we had a stronger voice, in the first year we ran a digital advocacy campaign, something unheard of in Malaysia, where most civil society work and campaigning take place very much on the ground. We came into existence as a hashtag movement in February 2017.
At the time we were not registered as a CSO. We didn’t have funding. Our team was very small. The campaign was our passion project. But due to effective digital mobilisation, it looked like we had so many supporters. That prompted the media to pick up on our story. We were always willing to work with people of all political leanings.
Many Malaysian CSOs tend to side squarely with the opposition because for a long time our country had one-party rule. We of course worked with the opposition, but we also engaged with other parties. That also made us open to engaging with whoever criticised our movement and addressing any grievances directly.
In addition to the digital campaign, we started off a petition and a memorandum to the prime minister. Unfortunately, we didn’t get too far with the government. We knocked on many doors and talked to many people, but the government viewed young people as inclined to vote for the opposition, so they disliked the idea of lowering the voting age for reasons of political calculation. But we gained traction with the opposition, which raised the issue in their manifesto. This gave us a lot of leverage when the opposition eventually came to power in 2018. They had promised to deliver change on this issue.
How did you engage with the parliamentary process?
As soon as the new government was inaugurated, we tried to convince them to introduce an amendment bill, but there were challenges. No constitutional amendment had ever been passed in Malaysia by a government without a parliamentary supermajority of two thirds, and this new government only had a simple majority. It took a year for the government to finally greenlight the
initiative.But not having a supermajority, the government needed to negotiate with the opposition. We did our best to engage with political parties across the spectrum, especially those in the opposition, to convince them that this was not a partisan initiative and all could benefit, them included. We pleaded with them to support the bill for the sake of young people, democracy and Malaysia’s future. Luckily, the then-Minister of Youth and Sports was a very strong ally of ours and helped us navigate these obstacles.
Thanks to these efforts, in July 2019 this became the first constitutional amendment in Malaysia’s history to pass with 100 per cent of the votes in the lower and upper houses of parliament.
Were there any implementation challenges?
There were postponements and delays. The agreement with the opposition was that the law would be implemented within two years. The two-year timeline was unusual, but necessary due to the technical difficulties entailed by the new automatic voter registration system.
Repeated promises were made that this would be done by July 2021.But another change of government slowed things down, as the new government thought young voters would vote against it. In March 2021, it announced implementation would be postponed until September 2022 at the earliest, but it didn’t provide a clear date.
We campaigned against this postponement and held protests across Malaysia, which grew to include larger issues fuelling public anger, including the economic situation, the shutdown of parliament and the poor management of the COVID-19 health crisis. We also sued the government. We filed a judicial review against the prime minister, the Election Commission and the government of Malaysia for postponing the implementation of the UNDI18 Bill beyond the due date. The High Court decided in our favour and ordered the federal government to implement the bill by 31 December 2021. Due to public pressure that was sustained thanks to the protests, the government decided against appealing the verdict and complied. As a result, the bill was finally implemented on 15 December 2021, and when the updated voter rolls were published one month later an additional 5.8 million voters had been included in the system and 18-year-olds could officially vote in the next election.
What were the main elements of the amendment?
The amendment had three components. First, it lowered the voting age from 21 to 18. Second, it also lowered the minimum running age to 18, meaning you could become an elected member of parliament at that age. And third, it established automatic voter registration for anyone turning 18.
The 2022 elections were the first in which people between 18 and 21 cast their ballots. An additional 5.8 million new voters were added to the electoral roll issued in January 2022. Malaysia being a country of 33 million, this was quite a number.
In Malaysia, ‘young voters’ are defined as those between 18 to 40 years old. After the changes, they account for 51 per cent of the electoral roll, up from 40 per cent. This means young people could make change happen. Malaysian politics are dominated by old people. At one point we had the oldest prime minister in the world – a 93-year-old man. Now for the first time, young voters could be Malaysia’s kingmakers. This is why youth turnout is a key element to watch when analysing the results of this election.
Change started happening even before the polls opened. In the run-up to the election, many senior leaders were replaced with younger candidates in order to appeal to young voters. Overall, the number of young and new candidates increased. And all parties had more youth-centric manifestos, addressing some of the concerns expressed by young people, such as corruption, climate change, the state of the economy and healthcare.
What more needs to be done to make policymaking more inclusive of younger people?
I think Malaysia needs political rejuvenation, and that can be done through education. Our society gives too much power to older people, who of course don’t want to let go of it, whether it’s in government, civil society, politics, or business. To change things, you must train young leaders – but nobody is doing this kind of work. At Undi18 we are doing our best to fill that gap so that young people can take up the space, gain power and get ready to be the country’s next leaders.
We strongly believe that informed voters are integral to democratic success, so we have been working with the Ministries of Education and Higher Education to advance educational programmes to address this issue systemically. We want educational curricula to emphasise democracy so the democratisation process beginsin schools. Some topics such as constitutional rights, human rights and the functions of the parliament are already in the syllabus, but they’re not emphasised enough.
We also have our own programmes. We run outreach campaigns on social media platforms. We are quite active there as most of our target audience is there. We also run outreach programmes in schools and universities to educate students about their rights. And we have corporate, civil society, government and international partners to ensure we reach as many people as possible.
Civic space in Malaysia is rated ‘obstructed’ by the CIVICUS Monitor. -
THAILAND: ‘Marriage equality is likely to pass – and inspire change in other Asian countries’
CIVICUS speaks about the progress being made toward legalising same-sex marriage in Thailand with Mookdapa Yangyuenpradorn, an LGBTQI+ activist and Human Rights Associate at Fortify Rights.
Founded in 2013, Fortify Rights is a human rights civil society organisation (CSO) working to bring laws, policies and practices in line with human rights standards through evidence-based research, strategic truth-telling and empowerment.
Why are there currently four different bills in parliament aimed at legalising same-sex marriage?
LGBTQI+ marriage is such a significant issue in Thailand today that bills to legalise it have been submitted to parliament simultaneously by the government and other political groups. It is unusual and encouraging to see political parties competing to propose changes that would benefit LGBTQI+ people.
Out of the four bills up for consideration, one was submitted by the government, two were submitted by political parties, the Move Forward Party and Democratic Party, and another was submitted by civil society. The one submitted by the cabinet and approved by the prime minister takes precedence over the rest.
The civil society bill was initiated by the Rainbow Coalition for Marriage Equality, which brings together numerous CSOs. It was developed at the grassroots level and drafted and submitted on behalf of Thailand’s LGBTQI+ people. It successfully made its way into parliament, with its authors securing seats in the readings as discussions progressed. It is uncommon for a bill proposed by civil society to enter parliament, so this is a very positive development.
The civil society bill is also more progressive than the other three because it ensures parental rights for LGBTQI+ people and proposes a transitional procedure to allow LGBTQI+ couples to register their marriages and enjoy spousal rights while other relevant laws are still being revised and amended, rather than make them wait until all of the process is finished.
Still, the primary objective is consistent across all four bills: they all seek to amend the civil and commercial code, which now defines marriage as a union between man and woman and grants them the status of ‘husband and wife’, by replacing these gendered words with the gender-neutral expressions ‘individuals’ and ‘spouses’. This simple change will enable LGBTQI+ people to register their marriages.
How have LGBTQI+ activists advocated forthe bill?
The constitution establishes that if a bill is proposed by a group of citizens or civil society groups, representatives from the initiating group should be involved with the parliamentary committee working on the bill. This provided space for LGBTQI+ activists to participate in the legislative process and advance their agenda. The Rainbow Coalition for Marriage Equality has played a crucial role in presenting a unified and consolidated stance on marriage equality in parliament. The activists currently engaged in discussions have been advocating for this bill for over a decade.
As an advisor to the committee drafting the marriage equality bill, I provide expert opinions from the perspective of human rights law and international standards. For instance, I make sure the bill aligns with the International Covenant on Civil and Political Rights, among other international conventions and treaties, and incorporates good practices and advanced protections found in the laws of countries with marriage equality.
What are the prospects of the same-sex marriage bill being passed?
The bill will likely be passed, although it will take some time. The legislative process in Thailand involves three readings in the House of Representatives, the elected 500-member lower house of the National Assembly, followed by three readings in the Senate, the appointed upper house. Proposed legislation then undergoes scrutiny by the Constitutional Court and is ultimately signed into law by the king, then published in the Royal Gazette.
The marriage equality bill is currently in its initial stage in the lower house. It successfully passed its first reading in December 2023 and is now undergoing its second reading. All four bills are now being examined and consolidated into a single version. The second reading is expected to finish by early March, after which the final bill will proceed to the third reading in the lower house before advancing to the Senate.
The bill’s adoption seems highly likely because civil society’s decade-long public campaigning has succeeded in getting marriage equality included on Thailand’s main political agenda. Despite some challenges, prospects for adoption have gradually and steadily increased. The prime minister and cabinet have expressed their support and opposition to the bill has decreased. I believe it is just a matter of time until the bill becomes law and comes into force.
What impact would the passage of this law have for LGBTQI+ struggles?
Marriage equality is a lot more than a mere administrative process of signing papers. It’s about securing the rights of LGBTQI+ couples to adopt children together and be recognised as legal parents. It’s also a matter of life and death if an LGBTQI+ person is in an accident and their partner must give permission for them to undergo surgery or other medical procedures. Ultimately, the fight for marriage equality is about enabling LGBTQI+ people to live normal lives and form families. This is the true meaning of marriage equality that we are fighting for and the message we strive to convey to society.
The legalisation of LGBTQI+ marriage would further raise awareness about LGBTQI+ issues in society, setting a solid stage for advancing other LGBTQI+ rights. It would be a firm first step towards full legal recognition of the rights of LGBTQI+ people, including parenting and inheritance rights, as well as equal social rights and other benefits currently enjoyed only by heterosexual couples. Moreover, a gender recognition bill is in line for parliamentary consideration.
I also hope that the achievement of marriage equality in Thailand will inspire change in other Asian countries. We learned a lot from the experience of Taiwanese LGBTQI+ activists, who were the first to achieve legalisation of same-sex marriage in Asia, and I hope others will be able to learn from us too.
Do you expect conservative backlash to happen?
During the previous government led by the military junta, the regime attempted to project an image of Thailand as open to LGBTQI+ people, but reality told otherwise, as it disregarded LGBTQI+ rights and treated LGBTQI+ people as a deviant group with special needs. A 2021 constitutional court ruling even referred to LGBTQI+ people as a ‘special species’ that needs to be singled out and studied. This reflected the state’s views of LGBTQI+ people. Similar attitudes are occasionally present among the public, particularly among older generations, who still need to understand and get used to society becoming more inclusive and open.
Islamic parties are likely to pose the biggest threat of conservative backlash. They have so far either abstained or voted against the marriage equality bill in parliament, but their current representation is low. However, in southern Thailand, where Islamic beliefs have significant political and cultural influence, there is potential for unequal implementation of the bill once it is passed.
On a positive note, public attitudes toward LGBTQI+ people have improved over the past few years and discussions about LGBTQI+ rights, gender equality and social inclusion have become common on social media platforms. This positive shift can be attributed to the continuous efforts of LGBTQI+ activists in running public awareness campaigns.
What international support do you need to further advance LGBTQI+ rights in Thailand?
Based on my experience of organising protests on the ground, access to resources is key to advancing our cause, since these are scarce at the grassroots level of LGBTQI+ activism. Local activists, often students and young people who are not affiliated with renowned human rights organisations, play a crucial role as change-makers. However, limited funds hinder many young activists from becoming full-time human rights defenders, threatening the sustainability of the LGBTQI+ movement. I believe that for the movement to move forward sustainably, it is crucial to establish connections with international donors and explore ways to form a coalition of Thai LGBTQI+ activists to amplify our voices on the international stage.
We are all passionate about claiming our rights, but passion alone is not enough. LGBTQI+ activism needs resources and support to continue to mobilise and sustain the movement.
Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Fortify Rights through itswebsite orFacebook page, and follow@FortifyRights and@mdpyy on Twitter.
