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LGBT Discrimination in the Workplace: When Identity Becomes a Dilemma
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Muhammad Firhat
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LGBT discrimination and groups of diverse sexual orientations and gender identities in Indonesia is a serious problem, especially in the workplace. LGBT discrimination in the workplace occurs from the early stages of recruitment to the working period. This includes blocking access to jobs, shutting down promotion opportunities, and the absence of access to social security.
What, then, is the root of this LGBT discrimination? Certainly, the lack of representation of minority sexual orientation and gender identity groups in the landscape of the Indonesian workforce plays a major role. Both in government structures and work institutions, gender and sexuality diversity is minimal, and this is rarely discussed. As a result, LGBT groups are vulnerable to discrimination, harassment, violence, and bullying; the resolution of these issues is often ignored.
Identities That Must Be Hidden
According to reports from the National Commission on Human Rights, the most common form of LGBT discrimination in the workplace is the lack of job opportunities for those who “defy” normative gender roles. Heteronormativity and the binary gender concept constructed in society affect the recruitment process, leading those with gender identities and sexual orientations considered abnormal to lose job access from the start.
To avoid discrimination, LGBT workers must hide their identities, which ultimately suppresses LGBT visibility in the workplace even further. Not to mention the psychological burden they must carry due to having to pretend at work, living two lives at once.
Ironically, discrimination and violence in the workplace haunt not only those who are openly LGBT. Those who conceal their sexual orientation and gender identity are not immune to harassment. This is closely related to coworkers' assumptions based on ways of dressing or daily body language, commonly referred to as gender expression. For example, a man expressing feminine gender will immediately be labeled gay. In reality, gender expression has no bearing on a person's sexual orientation. It is these gender stereotypes that serve as the basis for discrimination.
The issue becomes more complex in the context of transgender individuals. Many transgender people face challenges in changing their identity on ID cards, such as names and gender, which definitely poses challenges in obtaining employment and social security.
LGBT Discrimination Since the Job Search Process
Have you ever seen job openings that require “male or female”? Although seemingly harmless, whether acknowledged or not, this creates exclusion for transgender people or those with gender identities outside of binary constructs. Consequently, many of them are forced to work in the informal sector due to an unfriendly formal employment situation, which is also influenced by their level of education. Transgender individuals with low education levels and few professional skills often have to resort to becoming sex workers.
The Ministry of Social Affairs itself often conducts job training for transgender individuals to help them stop being sex workers. However, the training offered is always related to sewing or beauty practices. Indirectly, the Ministry of Social Affairs has amplified the stereotype that transgender people are only suited to exist within the entertainment and beauty industry. As a result, the working scope for transgender individuals becomes narrower instead of exploring other types of jobs.
In the recruitment process, LGBT discrimination often occurs as well. Based on interviews in the report PRIDE at work by the Population and Policy Studies Center of UGM, several transgender individuals must present themselves as “ideal” males or females. There is a story of one trans woman who had to cut her hair and wear a shirt to appear male. She still did not get the job because the interviewer suspected that she was not a heterosexual male.
Discrimination also occurs against men with feminine expressions because they are assumed to be gay, and women with masculine expressions because they are presumed to be lesbians. One story involves a gay man who faced remarks about his very gay appearance during a job interview. He concealed his homosexuality by denying the statement. Later, he was harassed with the comment, “I’ll join you at your boarding house, deh, to prove that you’re a man or a woman.”
Forms of LGBT Discrimination in the Workplace
Comments or jokes about the gender identity of LGBT individuals
Social marginalization
Bullying by other LGBT individuals
Intimidation
Physical violence
Upon further investigation, all acts of discrimination against LGBT individuals in the workplace stem from a low level of societal tolerance, particularly among colleagues. A survey by PRIDE at work (PSKK UGM, 2014) also found that only 3.92% of respondents felt that their treatment towards LGBT individuals in the workplace was very fair.
No Policies Protecting LGBT in the Workplace
Like sexual harassment, the majority of companies in Indonesia still lack policies to protect LGBT individuals from discrimination and violence at work. The legal ambiguity in Indonesia regarding discrimination and violence is the root of the issue. Indonesian law prohibits discrimination in any form or context. However, on the other hand, there is no clear and specific legal framework regulating gender and sexual orientation discrimination.
Articles 5 and 6 of Law No. 13 of 2003 concerning Manpower, for instance, state that discrimination in employment in any form is prohibited. Article 5 reads, “Every worker has equal opportunities without discrimination to obtain employment.” Meanwhile, Article 6 stipulates that “every worker/laborer has the right to receive equal treatment without discrimination from employers.” Therefore, discrimination based on gender and sexual orientation should likewise be classified as a violation of this law.
Furthermore, Article 28D paragraph 1 of the 1945 Constitution upholds equality for every person. Yet again, there is no specific reference concerning gender and sexual orientation.
89% of respondents in the PRIDE Survey (2014) indicated that there are no policies addressing LGBT issues in their workplaces. This shows a significant weakness in the protection of LGBT groups from potential discrimination and violence.
Supporting LGBT Inclusion in the Workplace
Stonewall Global Workplace Briefings 2019 has issued several recommendations that companies can implement to support inclusion and eliminate discrimination and violence against LGBT individuals in the workplace.
Introduce global anti-discrimination and anti-bullying and harassment policies that are explicitly inclusive of sexual orientation and gender identity
Appoint senior staff to promote the importance of LGBT equality in the workplace
Build networks for LGBT workers and ally programs. In this regard, existing labor unions should support LGBT equality issues in the workplace
Have a diversity and inclusion team or position specifically monitoring issues of sexual orientation and gender identity.
Networking with LGBT Groups and Communities in Indonesia
In the face of negative tendencies and condemnation from various parties rejecting LGBT equality and inclusion, accessing resources and references related to LGBT inclusion in the workplace is certainly difficult. To address this, there are several NGOs in Indonesia linked to the LGBT community. These NGOs work on issues of LGBT rights protection in various contexts, including the workplace.
Bali Rainbow Community, a group in Bali supporting education, outreach, and financial assistance for people living with HIV (PLHIV)
GAYa Nusantara, an NGO conducting research, advocacy, and services to support the LGBT community in Indonesia
Arus Pelangi, a membership association working to promote LGBTI rights in Indonesia
Yayasan Srikandi Sejati, a local organization empowering transgender individuals in Indonesia
GWL-INA, a national coordination center for HIV control programs and advocacy for reproductive and sexual health rights for men who have sex with men (MSM) and trans women.
Written by Muhammad Firhat
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Jadi Saksi yang Berani Beraksi Seperti Jung Da-Jung di Drakor 18 Again
Pernahkah kamu berada di situasi di mana kamu melihat langsung ketika rekan kerja diperlakukan tidak pantas? Situasi yang sering membuat kamu bingung, tidak tahu harus berbuat apa? Kamu tidak sendirian.
Berdasarkan Survei Kekerasan dan Pelecehan di Dunia Kerja Indonesia 2022 yang dirilis oleh Never Okay Project, faktanya sebanyak 72,77% orang pernah menjadi saksi kekerasan dan pelecehan di lingkungan kerja.
Mengapa Saksi Sering Memilih Diam?
Meskipun angka saksi ini sangat tinggi, kenyataannya ada banyak juga saksi yang memilih diam. Mengapa demikian?
Menjadi saksi atau bystander memiliki beban mental tersendiri. Beberapa alasan utama mengapa saksi enggan melapor atau bertindak antara lain:
Takut kariernya akan terhambat atau dikucilkan oleh lingkungan kantor.
Merasa manajemen tidak akan mengambil tindakan tegas meski sudah melapor.
Takut dianggap terlalu ikut campur.
Keberanian Itu Bukan Fiksi
Tim Never Okay Project menemukan salah satu scene menarik dalam drakor 18 Again (2020). Scene ketika Jung Da-Jung (Kim Ha-Neul) melihat senior kantornya diam-diam merekam rok rekannya sesama karyawan magang. Kejadian yang berlangsung di dalam lift itu mengejutkan Da-Jung.
Tanpa berpikir panjang, ia langsung memelintir tangan pelaku dan memaksanya keluar dari lift. Da-Jung juga mengkonfrontasi pelaku untuk membuka ponselnya untuk diperiksa. Setelah bukti-bukti dipastikan, pelaku tersebut kemudian digiring keluar oleh polisi untuk diamankan.
Apakah aksi berani seperti ini fiksi dan hanya bisa dilakukan di dalam adegan-adegan film? Tentu, tidak.
Menjadi Saksi yang Berani Beraksi
Kamu juga bisa menjadi saksi yang berani beraksi. Tapi, sebelum itu, ada hal yang lebih penting untuk diutamakan, yakni keamanan dan keselamatan diri.
Merespons kekerasan dan pelecehan seksual di depan mata tidak selalu harus menggunakan cara yang Da-Jung lakukan. Berikut adalah beberapa hal yang dapat kamu lakukan.
Jika kamu rasa situasinya aman, kamu bisa mengkonfrontasi dan mengedukasi pelaku.
Jika kamu rasa situasinya tidak aman, ini yang bisa kamu lakukan:
Saat kejadian:
Alihkan perhatian atau topik pembicaraan.
Minta rekan kerja senior untuk menegur pelaku.
Dokumentasikan kejadian tersebut.
Setelah kejadian:Tenangkan dan tanyakan keadaan korban.
Tawarkan bantuan pada korban.
Jadi saksi pada pelaporan ke atasan atau HR.
Gunakan hasil dokumentasi untuk bukti pelaporan.
Pantau perkembangan laporan.
Cerita Jung Da-Jung dalam drama mungkin fiksi, namun tantangan yang dihadapi para pekerja di Indonesia adalah nyata. Menciptakan ruang kerja yang aman bukan hanya tugas manajemen, tapi juga tanggung jawab kita sebagai saksi yang berani beraksi.
It’s Not A Fiction. Jangan biarkan lingkungan kerja kita menjadi tempat yang tidak aman bagi siapapun.
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Just Pretend to Be Good: About the Well-being of Lecturers in Indonesia
Lecturers so far seem to have no problems, maybe it’s because we are in denial. We pretend to be okay. So it’s like (we need) awareness that we are not okay, awareness that something needs to change, awareness that we are the working class who are very likely to be oppressed in our work fulfillment relationships.” – Nabiyla Risfa Azzati, representative of the Lecturer Welfare Research Team (2023)
The teaching profession, which is considered promising, does not guarantee worker welfare. A survey from the Lecturer Welfare Team shows that there are still lecturers who are dissatisfied with their salaries. This research was released in commemoration of Labor Day and National Education Day 2023.
Survey by the Lecturer Welfare Research Team (UGM-UI-Unram, 2023) shows that 42.9% of lecturers earn below Rp3 million. About 35% of them feel that their monthly income does not match their workload and qualifications as lecturers. Moreover, nearly one-third of respondents reported spending monthly living costs of Rp3-5 million.
Not All Lecturers Live Prosperously
The representative of the Lecturer Welfare Research Team, Nabiyla Risfa Azzati, stated that this research shows the fact that many lecturers are not prosperous. The labor law lecturer at UGM noted that more than 40% of lecturers earning below Rp3 million is a red flag.
“This speaks about a profession that on one hand requires very high qualifications to enter, therefore its barrier is very high, while on the other hand, this profession also becomes the backbone of knowledge creation,” emphasized Nabiyla when met by the Never Okay Project (NOP) team.
Issues of Lecturer Welfare Rarely Discussed
Nabiyla revealed that the welfare of lecturers is rarely raised. This is why this research was conducted: to make this issue mainstream so that the parties concerned can be more open and acknowledge that there are problems.
“Because if we can acknowledge that there is a problem, we can start from there, we can look for solutions together. If we don’t even admit there’s a problem, it’s very difficult, right?” she said.
Nabiyla realizes that discussions about salaries are still considered taboo, especially for the teaching profession, which is considered noble and carries a certain social status. She also acknowledges that it is not difficult to find prosperous lecturers. However, that does not mean we should turn a blind eye to the 42.9% of respondents who earn less than Rp3 million.
“If my life is used as an example, lecturers are fine. But there are many other lecturers who are not okay,” she said.
Lecturers No Longer an Attractive Career Choice
The results of this research also seem to answer an assumption that being a lecturer is no longer an attractive choice. “How can we attract quality individuals to work in a profession that in its early stages cannot provide welfare. Like it’s impossible,” she said.
Nabiyla also mentioned the high resignation rate from CASN (Civil Service Candidates) lecturers. This indicates that something is wrong.
“This actually shows that there’s something wrong, we do not value people who actually want to dedicate their time to knowledge creation in Indonesia,” she explained.
Read also: Violence Against Journalists: From Sexual to KBGO
Ideal Salary Standards for Lecturers
Discussing ideal salaries for lecturers is quite complicated. This is because the benchmark for fair wages in Indonesia refers to the minimum wage, which in this context is the standard of Decent Living Needs (KHL). However, this context is considered less suitable when talking about lecturer salaries.
“Why? Because first, the barrier to becoming a lecturer is high, so this should be seen as a profession that should not be valued at bare minimum,” explained Nabiyla.
She compared it to other countries that generally do not value lecturer salaries at minimum wage. The reason is that lecturer salaries there are negotiated. In Indonesia, sector-based negotiations are nearly non-existent, so the Lecturer Welfare Research Team cannot answer how to provide an ideal standard for lecturers.
Comparing Lecturer Salaries with Neighboring Countries
The Lecturer Welfare Research Team attempted to compare lecturer salaries in Indonesia with comparable neighboring countries, namely Malaysia and Thailand. The results are quite shocking. The average lecturer salary in Malaysia is Rp 20-25 million and in Thailand is Rp 38-42 million. Nabiyla revealed that initially, the team felt those figures were not suitable for this job because they were too high. However, the main problem is that Indonesia does not have a standard for lecturer salaries.
“The comparison with Malaysia and Thailand should not be a very far comparison, but seeing that we currently do not have a standard, if we were to present at the Ministry of Education and Culture, we’d face ridicule. It’s strange how we don’t have standards; we are even afraid to mention a figure that isn’t too high at all, it’s actually quite normal,” said Nabiyla.
Lecturers are Workers Too: Fighting Not to be Oppressed
The survey results from the Lecturer Welfare Research Team also show that the lecturer profession is a labor profession. Therefore, it is necessary to fight to not be oppressed.
“Call us professional workers, call us white-collar workers, call us knowledge producers, whatever the name, at the end of the day, we are workers, we are laborers,” said Nabiyla.
Source:
Lecturer Welfare Research Team. (2023, May 4). How much do lecturers earn? Here are the results of the first national survey mapping the welfare of academics in Indonesia. The Conversation. https://theconversation.com/berapa-gaji-dosen-berikut-hasil-survei-nasional-pertama-yang-memetakan-kesejahteraan-akademisi-di-indonesia-203854 accessed on May 21, 2023.
Interview with the representative of the Lecturer Welfare Research Team, Nabiyla Risfa Azzati. May 17, 2023.
Writer: Yanti Nainggolan
Editor: Imelda
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World AIDS Day: The Rise of Discrimination Against PLHIV in the Workplace
December 1st is World AIDS Day. Unfortunately, the stigma against People Living with HIV/AIDS (PLWHA) still strongly persists in society, including in the workplace. Many of our friends have lost access to employment early on due to discriminatory company policies. The reasons vary, from concerns of being unproductive to fears of transmission.
PLWHAs do not need pity, but rather support to maintain their empowerment. Combatting the stigma around HIV/AIDS can start with self-education, you know, so please read this article to the end!
World AIDS Day: HIV/AIDS in Indonesia by the Numbers
Just like World AIDS Day which is commemorated every year, the number of HIV/AIDS cases in Indonesia continues to rise each year. The HIV/AIDS epidemic in Indonesia has been ongoing since 1987. HIV/AIDS cases are spread across 34 provinces and 308 (61%) out of 504 districts/cities. According to WHO data from 2019, there are 78% of new HIV infections in the Asia-Pacific region.
According to data from Kemkes RI, the highest number of tests recorded was in 2019 with approximately 4.1 million HIV tests, and 50,282 of these were HIV positive. Based on gender, the majority of PLWHAs are male. The largest AIDS risk factors are heterosexual (70%) and homosexual (22%). The number of AIDS cases reported in 2019 was 7,036 cases.
At the end of 2020, UNAIDS reported the number of PLWHAs in Indonesia as 540,000 people. This year recorded 28,000 new cases of PLWHA. Data shows that 66% of PLWHAs are aware of their condition and 26% of PLWHAs have access to Anti-Retroviral (ARV) therapy. Since 2010, the percentage of PLWHAs receiving ARV therapy has continued to increase.
Read also: Research results by Never Okay Project regarding Harassment and Sexual Violence in the Workplace
World AIDS Day: Discrimination against PLWHAs in the Workplace Continues
Although the number of PLWHAs receiving ARV therapy continues to rise, it does not reduce the discrimination they face. According to UNAIDS, in 2019, 12.2% of PLWHAs reported experiencing discrimination from their surrounding environment.
Without the consent of the PLWHA concerned, people around them report their health status to medical personnel. This then adversely affects the lives of PLWHAs.
What are the vulnerabilities of discrimination against PLWHAs in the workplace?
Here are five vulnerabilities of discrimination against PLWHAs in the workplace that we should know:
Direct discrimination, such as firing employees solely because of their HIV-positive status
Indirect discrimination, for instance, through HIV-free job requirements
Associative discrimination, such as someone being avoided for associating with PLWHAs
Harassment, through actions that demean the dignity of PLWHAs
Blaming the victim, when a PLWHA who is a victim of discrimination reports to HR. Instead of receiving justice, they are blamed by HR.
What about the stigma and mental pressure on PLWHAs?
Aside from societal stigma, PLWHAs also experience psychosocial pressures or reactions, which are:
Anxiety about the illness they suffer from, treatment, even threats of death
Depression, feeling sad, powerless, guilty, worthless, hopeless, and even suicidal due to their HIV/AIDS status
Isolation and lack of social support, feeling rejected by family and society
Anger, manifesting hostility towards caregivers, and rejecting ARV therapy due to lack of self-acceptance
Fear of others knowing their HIV/AIDS status
Shame due to the negative stigma of being an HIV/AIDS patient
Read also: Other articles related to Sexual Harassment in the Workplace
What is the role of education in combating stigma against PLWHAs in the workplace?
“But, if I get close to PLWHAs, I might get infected.”
The fact is, HIV is not transmitted through touch, tears, sweat, saliva, urine, or even feces of the infected person. According to WHO, HIV can be transmitted through the exchange of various bodily fluids from an infected person, such as blood, breast milk, semen, and vaginal fluids.
HIV can also be transmitted from a mother to her child during pregnancy and childbirth. Remember, we will not get infected just by hugging, kissing, shaking hands, and sharing eating utensils with PLWHAs.
Misconceptions about PLWHA stigma are also evident in the workplace. Many companies set HIV-free job requirements and terminate employees with HIV/AIDS due to the myth that PLWHAs are weak and frequently sick, thus affecting productivity.
The reality is that by undergoing ARV therapy, PLWHAs can lead productive lives and contribute just like others. ARVs are proven to suppress the amount of HIV virus in the body and restore the immune system.
Is it illegal to fire PLWHAs because of their HIV+ status?
Yes. Tragically, many PLWHAs still face termination due to their HIV/AIDS status. In fact, this violates human rights and the law:
Article 5 paragraph (1) Kep. 68/MEN/IV/2004: “Employers or managers are prohibited from conducting HIV tests to be used as a prerequisite for the recruitment process or continuation of employee status or routine health examination obligations.”
International Covenant on Economic, Social, and Cultural Rights Article 2 paragraph (2) and (3) – ratified through Law No. 11 of 2005: Prohibits all forms of discrimination in accessing and maintaining employment.
How should companies protect PLWHAs?
In fact, employers should have HIV/AIDS handling policies. According to Kep. 20/DJPPK/VI/2005 on the Prevention and Control of HIV/AIDS in the Workplace, the employer's policy includes:
HIV/AIDS education programs for employees
Not requiring HIV/AIDS testing as a condition for accepting employees, promotions, and continuation of employment status
Not discriminating against employees with HIV/AIDS in terms of job opportunities, promotion rights, training opportunities, or other special treatments
Allowing employees with HIV/AIDS to continue working as long as they medically meet the applicable work standards
Keeping all medical information, health records, or other related information confidential
Employees with HIV/AIDS are not required to disclose their HIV/AIDS status to the company unless they choose to do so.
Thus, a sense of security in the workplace will be felt by all workers in Indonesia. In the context of HIV issues, that sense of security can take the form of a work environment that is friendly and free from stigma and discrimination. The positive impact on economic development will also be felt by the Indonesian government due to high workforce participation.
Let’s celebrate World AIDS Day by supporting the elimination of stigma against PLWHAs in the workplace!
References:
Indonesia. UNAIDS. (2021). Accessed on December 3, 2021, from https://www.unaids.org/en/regionscountries/countries/indonesia.
HIV Infodatin. Center for Data and Information of the Ministry of Health of the Republic of Indonesia. (2020). Accessed on December 3, 2021, from https://pusdatin.kemkes.go.id/resources/download/pusdatin/infodatin/infodatin-2020-HIV.pdf.
Minister of Manpower and Transmigration of the Republic of Indonesia Decree Number KEP. 68/MEN/IV/2004 on the Prevention and Control of HIV/AIDS in the Workplace. ILO. (2005). Accessed on December 3, 2021, from https://www.ilo.org/wcmsp5/groups/public/—asia/—ro-bangkok/—ilo-jakarta/documents/publication/wcms_123956.pdf.
Minister of Manpower and Transmigration of the Republic of Indonesia. UNAIDS. (2004). Accessed on December 3, 2021, from https://data.unaids.org/topics/partnership-menus/indonesia_hiv-workplace_id.pdf.
Towards Indonesia Free of AIDS 2030. Coordinating Ministry for Human Development and Cultural Affairs. (2020). Accessed on December 3, 2021, from https://www.kemenkopmk.go.id/menuju-indonesia-bebas-aids-2030.
Permata, A. (2018). What is Needed is #LovePLWHA, Not Stigma. LBH Community. Accessed on December 3, 2021, from https://lbhmasyarakat.org/yang-dibutuhkan-itu-sayangodha-bukan-stigma/.
HIV/AIDS Programs in the Workplace. ILO. (2020). Accessed on December 3, 2021, from https://www.ilo.org/wcmsp5/groups/public/—asia/—ro-bangkok/—ilo-jakarta/documents/projectdocumentation/wcms_746744.pdf.
Tristanto, A. (2020). Stigma Towards People Living with HIV and AIDS (PLWHA). Center for Social Counseling. Accessed on December 3, 2021, from https://puspensos.kemensos.go.id/stigma-terhadap-orang-dengan-hiv-dan-aids-odha.
UNAIDS data 2021. UNAIDS. (2021). Accessed on December 3, 2021, from https://www.unaids.org/en/resources/documents/2021/2021_unaids_data.
Author: Sasmithaningtyas Prihasti
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