LGBT rights in Malaysia
Encyclopedia
LGBT rights are not recognized in Malaysia. The nation retains its colonial era penal code criminalizing sodomy. Social attitudes towards the LGBT community are also shaped by Islam, the official religion in Malaysia.
(as well as oral sex
), broadly defined to include both heterosexual and homosexual acts, with possible punishment including fines, prison sentences of up to twenty years, and even corporal punishment. A subsection of the criminal code, also provides additional punishment for persons convicted of, "gross indecency with another male person". In addition to the secular law, Muslim citizens may also be charged in special Islamic courts.
There has been some public discussion about reforming the law so as to exempt private, non-commercial, sexual acts between consenting adults. Some members of the major opposition party, have expressed support for such a reform, most notably Latheefa Koya and Anwar Ibrahim
but this is not the official position of the party. No political party or elected member of parliament has formally proposed such a reform.
In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing on the state controlled media.
In 1995, the state of Selangor
Religious Affairs Minister praised the Islamic Badar vigilante groups who had organized in 1994 to assist in the arrest of 7,000 for engaging in "unIslamic" activities such as homosexuality.
In 2001 the former Prime Minister Mahathir Mohamad stated that the country will deport any visiting foreign cabinet ministers, or diplomats who are gay. Mohamad also warned gay ministers in foreign countries not to bring along their partners while visiting the nation. Mahathir's daughter, Marina Mahathir
, has called for an end to discrimination based on sexual orientation.
In 2005 the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals.
In 2010, the Malaysian Film Censorship Board announced it would only allow depiction of homosexual characters as long as the characters repent or die.
It has been estimated that a large number of transgender persons are forced to work on the streets as commercial sex workers to earn a living.
The Democratic Action Party
has publicly pledged to defend LGBT-rights issues, making it the first political party in Malaysia to do so.
was charged with corruption and sodomy. In 2000, he was sentenced to nine years for engaging in sodomy
with his 19-year-old male chauffeur
and his former male speech writer. Despite national and international protests, he was not released until he had served out four years of his sentence, in 2004, when the Federal Court
of Malaysia acquitted him of all charges.
After his release, Anwar stated that he was innocent and the allegations were part of a government conspiracy to end his political career. He also felt that the national criminal laws against homosexuality ought to be reformed to protect consenting adult's right to have a private life, although he also stated that gay marriage, "is going a bit too far".
In 2007, former Prime Minister Mahathir Mohamad responded to a civil lawsuit filed by Anwar by stating that a homosexual should not hold public office in Malaysia and that he knew Anwar was a homosexual because Anwar's male chauffeur and a male speech writer both stated in court that they had had sexual relations with Anwar.
In July 2008, Anwar was arrested again, accused of sodomy with a male former aide. The arrest came shortly after Anwar claimed to be in a position to challenge the governing coalition after the opposition's successes in the march elections. However, he was released on bail and won the campaign for his former seat in Parliament, and currently leads the opposition in Parliament.
. Seksualiti Merdeka, meaning "Independent Sexuality", is an annual festival consisting of talks, performances, screenings, workshops, and forums, to promote sexuality rights as a human right, to empower marginalized individuals and communities, and to create platforms for advocacy. Besides organizing the programmes of this annual festival, members of this coalition are also involved in letter writing campaigns, organizing regular film screenings and discussions, academic advocacy and training of trainers.
The groups involved in Seksualiti Merdeka have also on their own advocated for the rights of LGBT within the framework of human rights advocacy. These include established human rights organizations such as the Human Rights Committee of the Malaysian Bar
, SUARAM
, PT Foundation, KRYSS, Women’s Candidacy Initiative, Persatuan Kesedaran Komuniti Selangor (Empower), Purple Lab, Matahari Books
, and The Annexe Gallery.
Several other groups such as Sisters In Islam
, Women's Aid Organisation
, Amnesty International
also have dealt with sexual orientation issues within their public health advocacy. The focus on AIDS-HIV education has allowed for more public discussion of sexual orientation, gender identity and human rights.
PT Foundation, originally called Pink Triangle, focuses on "providing HIV/AIDS education, prevention, care and support programes, sexuality awareness and empowerment programes for vulnerable communities in Malaysia". The communities include MSM (men who have sex with men), transgender, sex workers, drug users, and people living with HIV. They are joined by other organizations, such as "LPG" (for gay men) and "OutDo" (for lesbians) which organize regular activities for their target communities.
Since the first official case of AIDS appeared in the nation, 1985, the government has been under more pressure to promote education and prevention campaigns as some experts have suggested that the number of Malaysians infected with HIV could go as high as 300,000 by the year 2015.
In 2006, the government launched a new comprehensive public campaign that includes therapy and needle exchange programs for drug addicts, and free medications provided at government clinics. However, the public discussion of sexuality remains a taboo topic. In 2007, Malaysia's Ministry of Health was banned from advocating the use of condoms to prevent the spread of the disease due to a concern that such a campaign would be equated with a governmental endorsement of sexual conduct outside of a legal marriage.
Criminal Code
Malaysia retains its colonial era criminal ban on sodomySodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
(as well as oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
), broadly defined to include both heterosexual and homosexual acts, with possible punishment including fines, prison sentences of up to twenty years, and even corporal punishment. A subsection of the criminal code, also provides additional punishment for persons convicted of, "gross indecency with another male person". In addition to the secular law, Muslim citizens may also be charged in special Islamic courts.
There has been some public discussion about reforming the law so as to exempt private, non-commercial, sexual acts between consenting adults. Some members of the major opposition party, have expressed support for such a reform, most notably Latheefa Koya and Anwar Ibrahim
Anwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
but this is not the official position of the party. No political party or elected member of parliament has formally proposed such a reform.
In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing on the state controlled media.
In 1995, the state of Selangor
Selangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...
Religious Affairs Minister praised the Islamic Badar vigilante groups who had organized in 1994 to assist in the arrest of 7,000 for engaging in "unIslamic" activities such as homosexuality.
In 2001 the former Prime Minister Mahathir Mohamad stated that the country will deport any visiting foreign cabinet ministers, or diplomats who are gay. Mohamad also warned gay ministers in foreign countries not to bring along their partners while visiting the nation. Mahathir's daughter, Marina Mahathir
Marina Mahathir
Marina binti Mahathir is the daughter and eldest child of the 4th Prime Minister of Malaysia, Tun Mahathir Mohammad. She is well known as a leader in many non-governmental organizations such as the Malaysian AIDS Foundation and is currently an active socio-political blogger...
, has called for an end to discrimination based on sexual orientation.
In 2005 the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals.
In 2010, the Malaysian Film Censorship Board announced it would only allow depiction of homosexual characters as long as the characters repent or die.
Gender identity/expression
Cross-dressing is not technically a crime. However, transgender individuals have often been arrested by police officers under the civil laws governing "public indecency", and if they are Muslim, can be further charged by religious officers under Sharia Laws for "impersonating" women. For example, in 1998, Forty-five Muslim transvestites were charged and convicted in court for dressing as women, and twenty-three more transgender persons faced similar fines and imprisonment in 1999.It has been estimated that a large number of transgender persons are forced to work on the streets as commercial sex workers to earn a living.
LGBT in Malaysian politics
The "People's Anti-Homosexual Voluntary Movement", was created in 1998 to lobby for stricter criminal laws against homosexuality, and is a member of the ruling United Malays National Organization (UMNO).The Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
has publicly pledged to defend LGBT-rights issues, making it the first political party in Malaysia to do so.
Prosecution of Anwar Ibrahim
In 1998, Anwar IbrahimAnwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
was charged with corruption and sodomy. In 2000, he was sentenced to nine years for engaging in sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
with his 19-year-old male chauffeur
Chauffeur
A chauffeur is a person employed to drive a passenger motor vehicle, especially a luxury vehicle such as a large sedan or limousine.Originally such drivers were always personal servants of the vehicle owner, but now in many cases specialist chauffeur service companies, or individual drivers provide...
and his former male speech writer. Despite national and international protests, he was not released until he had served out four years of his sentence, in 2004, when the Federal Court
Federal court
Federal court may refer to a court of the national government in a country that has a federal system of government. Examples include:* United States federal courts** A particular federal court, such as the United States district courts....
of Malaysia acquitted him of all charges.
After his release, Anwar stated that he was innocent and the allegations were part of a government conspiracy to end his political career. He also felt that the national criminal laws against homosexuality ought to be reformed to protect consenting adult's right to have a private life, although he also stated that gay marriage, "is going a bit too far".
In 2007, former Prime Minister Mahathir Mohamad responded to a civil lawsuit filed by Anwar by stating that a homosexual should not hold public office in Malaysia and that he knew Anwar was a homosexual because Anwar's male chauffeur and a male speech writer both stated in court that they had had sexual relations with Anwar.
In July 2008, Anwar was arrested again, accused of sodomy with a male former aide. The arrest came shortly after Anwar claimed to be in a position to challenge the governing coalition after the opposition's successes in the march elections. However, he was released on bail and won the campaign for his former seat in Parliament, and currently leads the opposition in Parliament.
LGBT organizations in Malaysia
Instead a loose coalition of NGOs, artists and individuals have formed under the pretext of organizing the annual sexuality rights festival Seksualiti MerdekaSeksualiti Merdeka
Seksualiti Merdeka is an annual sexuality rights festival held in Kuala Lumpur, Malaysia. Seksualiti Merdeka features a programme of talks, forums, workshops, art, theatre and music performances, interactive installations, and film screenings, organised by a coalition of Malaysian NGOs, artists and...
. Seksualiti Merdeka, meaning "Independent Sexuality", is an annual festival consisting of talks, performances, screenings, workshops, and forums, to promote sexuality rights as a human right, to empower marginalized individuals and communities, and to create platforms for advocacy. Besides organizing the programmes of this annual festival, members of this coalition are also involved in letter writing campaigns, organizing regular film screenings and discussions, academic advocacy and training of trainers.
The groups involved in Seksualiti Merdeka have also on their own advocated for the rights of LGBT within the framework of human rights advocacy. These include established human rights organizations such as the Human Rights Committee of the Malaysian Bar
Malaysian Bar
The Malaysian Bar is a professional body which regulates the profession of lawyers in peninsular Malaysia. In Malaysia, there is no distinction between a barrister and a solicitor, in that, it is a fused profession. Membership into the bar is automatic and mandatory. The bar was created under the...
, SUARAM
Suaram
SUARAM, or Suara Rakyat Malaysia, is a human rights organization in Malaysia created in 1987 after Operation Lalang, when 106 opposition, unions, activist leaders were detained without trial under the Internal Security Act...
, PT Foundation, KRYSS, Women’s Candidacy Initiative, Persatuan Kesedaran Komuniti Selangor (Empower), Purple Lab, Matahari Books
Matahari Books
Matahari Books is a Malaysian publishing company founded in 2007 by Amir Muhammad. It specializes in Malaysian non-fiction and also screenplay books...
, and The Annexe Gallery.
Several other groups such as Sisters In Islam
Sisters in Islam
Sisters in Islam is an organization of Muslim women in Malaysia which seeks to articulate women's rights in Islam by emphasising the need to interpret the Qur'an and the hadith in their proper historical and cultural contexts. It also advocates for the right of women to hold public office...
, Women's Aid Organisation
Women's Aid Organisation
Women's Aid Organisation or WAO is a Malaysian non-governmental organization that fights for women's rights and specifically against violence against women...
, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
also have dealt with sexual orientation issues within their public health advocacy. The focus on AIDS-HIV education has allowed for more public discussion of sexual orientation, gender identity and human rights.
PT Foundation, originally called Pink Triangle, focuses on "providing HIV/AIDS education, prevention, care and support programes, sexuality awareness and empowerment programes for vulnerable communities in Malaysia". The communities include MSM (men who have sex with men), transgender, sex workers, drug users, and people living with HIV. They are joined by other organizations, such as "LPG" (for gay men) and "OutDo" (for lesbians) which organize regular activities for their target communities.
HIV/AIDS issues
While not solely a problem for LGBT people, the public health response to AIDS-HIV has required greater public discussion of previously taboo topics, including human sexuality, gender roles and sexual orientation.Since the first official case of AIDS appeared in the nation, 1985, the government has been under more pressure to promote education and prevention campaigns as some experts have suggested that the number of Malaysians infected with HIV could go as high as 300,000 by the year 2015.
In 2006, the government launched a new comprehensive public campaign that includes therapy and needle exchange programs for drug addicts, and free medications provided at government clinics. However, the public discussion of sexuality remains a taboo topic. In 2007, Malaysia's Ministry of Health was banned from advocating the use of condoms to prevent the spread of the disease due to a concern that such a campaign would be equated with a governmental endorsement of sexual conduct outside of a legal marriage.
See also
- Human rights in MalaysiaHuman rights in MalaysiaThe situation of human rights in Malaysia is controversial as there have been numerous allegations of human rights abuses in the country. Human rights groups and foreign governments are generally critical of the Malaysian government and the Royal Malaysian Police...
- LGBT rights in Asia
- Seksualiti MerdekaSeksualiti MerdekaSeksualiti Merdeka is an annual sexuality rights festival held in Kuala Lumpur, Malaysia. Seksualiti Merdeka features a programme of talks, forums, workshops, art, theatre and music performances, interactive installations, and film screenings, organised by a coalition of Malaysian NGOs, artists and...