Media Statement: Halt Establishment of Johor Rehab Centre Targeting LGBT People and Religious Minorities Given Clear Negative Human Rights Impacts

Justice for Sisters (JFS) calls for an immediate review of the Johor state government’s plans to establish a rehabilitation centre targeting LGBT people and individuals deemed “deviant” to Islamic teachings by July 2024. 

The statement on November 29 by state Islamic Religious Affairs Committee chairperson Mohd Fared Mohd Khalid, indicating an allocation of RM400,000 for the establishment of this centre, raises serious concerns about the potential violation of human rights, including the rights to equality and non-discrimination, privacy, and a life of dignity, free from torture. 

“Detaining people on the grounds of changing their sexual orientation, gender identity and expression (SOGIE) undeniably amounts to torture,” says JFS co-founder thilaga s. 

Violation of Federal Constitution

The establishment of the rehabilitation centre is enabled by the criminalisation of LGBTQ people in Malaysia. The criminalisation of LGBTQ people has a systemic impact on all areas of life, including increased vulnerability to further state-sponsored violence, including so-called rehabilitation.  

However, it is important to note that the criminalisation and any form of effort to change a person’s SOGIE of LGBTQ people is a violation of human rights safeguarded under both the Federal Constitution and international human rights law. 

The rehabilitation centre directly violates Article 5 of the Federal Constitution of Malaysia, which safeguards the personal liberty, privacy and dignity of all Malaysian citizens. It also violates Article 8 of the Federal Constitution which safeguards equality before the law and prohibits discrimination on the basis of gender.

In addition, the Federal Court in a constitutional review of Section 28 of the Selangor Syariah Criminal Offences Enactment, which criminalises sex against the order of nature, found the law unconstitutional on the grounds of lack of legislative competency. This decision applies to all similar state laws. Therefore, all liwat, sex against the order of nature, and even musahaqah state laws have no legal effect, although they remain in state syariah enactments. 

As such, arresting people under these laws and subjecting them to fines, imprisonment and state-mandated rehabilitation violates a range of provisions in the Federal Constitution, not limited to Part 2 of the Federal Constitution that safeguards our rights.  

As a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Malaysia is required to ensure that there are no discriminatory laws or practices against women in all spheres. In 2018, the CEDAW Committee called Malaysia to not only amend all laws which discriminate LBTI women, including the provisions of the Penal Code and Syariah laws that criminalise same sex relations between women, but also discontinue measures which aim to ‘correct’ or ‘rehabilitate’ LGBTI persons. 

More harm than good

Major global medical and human rights organisations have widely discredited and condemned conversion practices, recognising them as not only lacking any scientific basis, but also as unethical and extremely harmful to the physical, mental and emotional wellbeing of individuals involved. The World Health Organisation (WHO) and the Pan American Health Organisation (PAHO) are among the bodies that have called for a ban on conversion practices, and for the media to expose them to promote respect for diversity. 

“Based on our survey with LGBTQ people in Malaysia, these practices result in long-term severe impacts, including negatively impacting their mental health, dropping out of schools and suicidal ideation and attempts,” says thilaga.

JFS is concerned that these state-led efforts will further increase the trust deficit in public institutions, creating more barriers for LGBTIQ people’s access to redress and services such as healthcare, over concerns of being reported or sent to rehabilitation centres or subjected to other SOGIE-change efforts. 

A 2023 JFS et al survey involving 156 respondents found that as many as 66% (103) have faced pressure to change their SOGIE, while 10.9% (17) were offered SOGIE-change efforts during their lifetime. Of these 17 respondents, 12 (70.6%) were assigned Islam at birth, while 11 (64.7%) identified as transgender or non-binary persons. 

SUHAKAM’s research found that 18% of trans and intersex respondents reported that whilst accessing healthcare services, healthcare professionals have suggested religion or other forms of therapy to “cure” their gender identity. The same research also found that 15% of respondents were forcibly sent to mental health professionals for their SOGIE and 9% were forced to consult religious authorities.

Key recommendations 

JFS strongly urges the Johor state government to halt its plans to establish the rehabilitation centre. We also urge SUHAKAM, as the national human rights institution, to engage the Johor state government in a review of its plans given its severe human rights impact, and to conduct a human rights impact assessment of rehabilitation centres and similar state-sponsored SOGIE-change initiatives.  

Stop Intimidating Human Rights Defenders who Question LGBTQ Related Government Policies

We are deeply concerned by the disproportionate and heavy-handed response by state and non-state actors in relation to a social media post on conversion therapy dated 30 July 2020. We believe the post has been taken out of context by those bent on casting LGBTQ persons and allies in a bad light, and has resulted in police reports being made against the human rights defender who authored the post.

It is misleading for JAKIM and others who have lodged police reports to say that the post likened the state-funded Mukhayyam camps to other methods of conversion therapy. On the contrary, the post provided an overview of conversion therapy as well as the various methods of conversion therapies known and practised around the world by state and non-state actors. Claims that the post had ‘defamed’ JAKIM and state Islamic departments on this point are therefore invalid.

Where Malaysia is concerned, the post clearly noted the state-funded conversion programmes are as follows:

• The Mukhayyam programme or camps
• Seminar and activities
• Islamic spiritual healing as treatment to ‘heal’ LGBT
• 5-year action plan to “curb LGBT behaviour”
• Resources, including e-books and app to hijrah diri, or ‘changing oneself’

All the information in the post was cited and based on published research, Parliament Hansard and media reports available online.

There are many methods of conversion therapy and they are called by different terms around the world. In Malaysia, the language of balik pangkal jalan or ‘return to the right path’, and hijrah are widely used to refer to change or suppression of sexual orientation and gender identity. This includes the state-funded programmes mentioned above.

As mentioned by former Minister of Religious Affairs, Mujahid Yusof Rawa in 2019, the state-funded programmes aim to “reform, fix them, change their attitude and their wayward lifestyle”. Similarly, in the 17th parliament session in 2012, the then Deputy Minister at the Prime Minister’s Department, Dr. Mashitah Ibrahim shared that JAKIM and the state religious department had adopted two approaches to ‘curb LGBT’, which are prevention using the dakwah method and enforcement of laws. 

In a visual released by JAKIM in July this year, the department’s Director General was quoted as saying that JAKIM’s “gender confusion education, treatment, and rehabilitation programme” has reached over 1,700 LGBT persons since it began in 2011. He further claims many have hijrah. These pronouncements clearly show JAKIM’s goal is that of conversion, and its programmes targetting LGBTQ persons are in line with “conversion therapy” as understood worldwide, even if the methods may differ.

On the question of participation in the Mukhayyam programme, the post by the human rights defender NEVER claimed that participation is involuntary or otherwise. It also does not speculate, vilify or question the motivations of the participants who attend the programme.

We do, however, need a deeper understanding of what is meant by “voluntary participation”. While a person’s participation in a programme may be voluntary, it does not mean the programmes themselves are aligned with human rights standards. Participation and methodology of the programme are two seperate things that need to be assessed.

In Malaysia, the existence of laws, policies and rehabilitation programmes targeting LGBTQ persons and behaviour all contribute to social stigma against LGBTQ persons. Living in a homophobic and transphobic environment, many LGBTQ people would understandably want to change or suppress their sexual orientation and gender identity simply to be accepted. Therefore, we must ask, how voluntary are LGBTQ people’s participation in such programmes when they live in a society that criminalises, marginalises and stigmatises them?

JAKIM and others claim that the author of the content is denying the religious freedom of those who wish to participate in such programmes. We would like to note that the author has no such power to deny people their freedoms and did not challenge Islam or anyone’s faith. Meanwhile, by reporting her to the police based on a misinterpretation of her content, they have denied her right to speech. Writing about conversion therapy, state-funded conversion programmes, and experiences of LGBTIQ persons does not amount to restriction of anyone else’s religious belief. She only raised her concerns about the state-funded programme and approaches on rehabilitating LGBTQ persons. A healthy and functioning democracy must allow for the people to question a state-funded programme as much as it allows for the state agencies responsible for those programmes to respond without resorting to intimidation.

JAKIM’s knee-jerk reaction to lodge a police report is a disproportionate response to the post. It sends a message to Malaysians that we are not allowed to question governmental policies and programmes, and aims to limit our freedom of expression and our right to information. This will restrict public participation of all citizens in relation to laws, policy, directives, and programmes, due to fear of reprisals. The fear of reprisals often affects marginalised communities such as the LGBTQ communities more, silencing them as a result. This effectively lowers the standards of accountability and good governance.

The government’s conversion programmes and approaches in relation to LGBTQ persons have been widely scrutinised by various bodies. In 2018, the CEDAW committee in its concluding observation recommended that Malaysia ‘Expedite measures to discontinue all policies and activities, which aim to “correct” or “rehabilitate” LBTI women’.

In line with international human rights standards, CEDAW concluding observations, and other relevant recommendations by the Special Rapporteurs, we recommend the government to use the content as an opportunity to carry out an independent human rights impact assessment of their current programmes and approaches in relation to LGBTQ issues. To do this meaningfully, we also recommend that the government engages and consults with LGBTQ-affirming groups that uphold and defend universal human rights so that all may participate in making Malaysia safe and equal for all. LGBTQ persons do not need to change who they are. But together we can change Malaysia for the better.

Endorsed by:

1. Justice for Sisters
2. PELANGI Campaign
3. Gay Community Welfare Network
4. People Like Us Hang Out (PLUHO)
5. Amnesty International Malaysia
6. Aliran
7. ASEAN SOGIE Caucus (ASC)
8. Beyond Borders Malaysia
9. Center for Independent Journalism (CIJ)
10. Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)
11. Persatuan Promosi Hak Asasi Manusia (PROHAM)
12. Pergerakan Tenaga Akademik Malaysia (GERAK)
13. Sisters in Islam (SIS)
14. Sabah Women’s Action Resource Group (SAWO)
15. Tenaganita

Open letter: Education institutions must be safe spaces for all students

YBhg. Dato’ Sri Alias Bin Haji Ahmad – Secretary-General, Ministry of Education Malaysia

YBhg. Dato’ Suriani bt Dato’ Ahmad – Secretary-General, Ministry of Women, Family and Community Development

Tan Sri Razali Ismail –  Chairperson, SUHAKAM

Datuk Paul Low – Minister in the Prime Minister’s Department

We, the undersigned, strongly object the ‘Back to the Fitrah: Menyantuni LGBT Kembali ke Jalan Allah’ forum slated to take place on 24th March 2018 in University of Science Malaysia (USM) featuring two panelists, and the overall trend of increasing anti-LGBT programmes in educational institutions. In March earlier this year, USM also released a poster and short video competition inviting submissions on ‘menyantuni golongan LGBT’ (evangelizing with the intention to change one’s sexual orientation and gender identity) open to students of USM and the general public .

We are extremely concerned by the overall harmful impact of such programmes, which aim to change one’s sexual orientation and gender identity using a dakwah (missionary) approach. Despite claims of ‘menyantuni’ or ‘politely approaching’ LGBT persons, many documented cases have shown that such attempts resulted in an invasion of privacy, increase of lack of personal security and safety, increase of targeting and harassment of persons based on gender expression and actual or perceived sexual orientation and gender identity, increase of isolation, all of which can have severe long term impact on the students academic performance, health and well-being.

Conversion, reparative or rehabilitation and efforts to change sexual orientation and gender identity have been rejected by all major national mental health organizations due to the lack of evidence that support the efficacy of these efforts or therapies, and its harmful impact. There are many forms of rehabilitation, reparative or conversion therapy, including medical and religious methods, all of which are harmful. In fact, a few countries, including Malta and parts of Canada have introduced laws to ban conversion therapy given the harm it has caused not only on LGBTIQ persons, but also the people around them.

The United Nations Special Rapporteur on the right to health,  Dainius Pūras, during his country visit to Malaysia between November and December 2014 expressed concerns over the “so-called “corrective therapies” practiced by state agencies.

“Such therapies are not only unacceptable from a human rights perspective, but they are also against scientific evidence, and have a serious negative impact on the mental health and well-being of adolescents. State-led programs to identify, “expose”, and punish LGBT children have contributed to a detrimental educational environment where the inherent dignity of the child is not respected, and discrimination on the basis of sexual orientation and gender identity is encouraged.”

It is therefore extremely disconcerting to witness the University’s continued endorsement of these programmes given the glaring harm on LGBTI persons. USM also organised a similar panel in March 2016. On both occasions, panelists comprised  individuals that promote the very harmful view that LGBT persons can be ‘cured’ through rehabilitation, reparative and conversion therapy. Such biased programmes are part of a rising trend in educational institutions, where anti-LGBT campaigns, harmful information that reinforce the ‘balik ke pangkal jalan’ or ‘return to the right path’ rhetoric, and rehabilitation, reparative and conversion therapy for LGBT persons are disseminated and promoted.

Such programmes create a toxic and unsafe environment for all students and staff, LGBTI and gender diverse persons in particular, and run counter to the aim of such institutions that are supposed to provide an open learning environment for all. We believe programmes like this will perpetuate toxic masculinity which enables, justifies and perpetuates the mistreatment, bullying and discrimination of LGBTI persons with impunity.

Research and recent cases reported in the media show educational institutions are unfortunately a site of violence for many students, especially for LGBTI and gender diverse persons. On the record: violence against LBT persons in Malaysia and I am scared to be a Woman, two reports on the violence and situation of LBT persons document cases of expulsion; drop out due to bullying; lack of interest to attend school because of a lack of freedom to express and be themselves compounded by non inclusive and discriminatory school policies and practices; sexual harassment and violence; physical, verbal and emotional violence; isolation among others.

“I quit school at age 11 because people around me were always bullying me. I was stressed. I felt like I was going to explode.”

– Azlene, a trans woman in Kuantan recalls her experiences in school in the mid 90s, I am scared to be a woman

“We met in May 2000 … we were talking on the phone everyday. My friends from my school knew about it because when they attend events, they could see it, right. And then they started asking, ‘What’s going on? Are you going out with this girl? Are you dating this girl? What’s going on?’ … ‘Like, you do know that it is wrong, right? It is against the religion.’ And these were not just Muslim people telling me, because I have a fair bit of friends of different religions and races and beliefs, and they all said the same thing. ‘Stacy, it is wrong. What the hell is wrong with you?”

– Stacy, a bisexual woman recalls an intervention by her school friends based on an assumption that she is in a ‘lesbian relationship’. Stacy also experienced isolation as a result. On the record: violence against LBT persons

The brutal assault and torture that led to the death of a 19 year old young person in Penang by schoolmates who used to bully him in school based his gender expression and perceived sexual orientation and gender identity is an alarm bell that rings loud and clear, and serious efforts must be taken to create a diverse and inclusive society and end bullying based on gender.

Just two weeks ago, the CEDAW committee in its Concluding Observations to Malaysia recalled General Recommendation No. 36 (2017) on the right of girls and women to education and recommended that Malaysia:

36. (e) Adopts anti-bullying policies based on alternative strategies to address bullying, such as counselling services and positive discipline, and undertake awareness-raising measures to foster equal rights for LBTI students.

Many good practices on actual inclusion of LGBTI and gender diverse persons in all levels of education are available. The From Insults to Inclusion report by the United Nations Educational, Scientific and Cultural Organization (UNESCO) offers many tools, good practices and recommendations to create an inclusive environment in educational institutions. The report makes 6 recommendations:

1. Analyse the situation
2. Develop a policy framework that supports inclusion
3. Mainstream diversity and inclusion in curricula and learning materials
4. Support teachers to deliver inclusive education and effective responses to bullying, violence and discrimination
5. Promote safe and inclusive school cultures and environments. This includes fostering a culture of diversity, inclusion and respect; identifying hotspots for bullying; links to counselling, health, or other support services are made available in ways that respect students’ right to privacy and confidentiality.
6. Build a stronger evidence base on what works

We believe in the right to self-determination and bodily autonomy, and people should be free to express themselves and be who they are, without it affecting their access, opportunities and right to an education. We call on and strongly urge the Ministry of Education, the Ministry of Women, Family and Community Development and SUHAKAM to assess the harm and impact of these programmes; promote diversity, inclusion and respect; and immediately end all anti-LGBT activities and rhetoric.

Ends/-

Endorsed by

Groups

1. Justice for Sisters
2. PELANGI — Campaign for Equality and Human Rights Initiative
3. Transmen of Malaysia
4. Queer Academics, Students and Supporters Alliance (QUASSA)
5. Sisters in Islam
6. Women’s Aid Organization (WAO)
7. Diversity
8. Persatuan Kesedaran Komuniti Selangor (Empower)
9. Celebrating Identities
10. Persatuan Sahabat Wanita

Individuals

1. Suri Kempe, feminist activist
2. Manis Chen, trans woman, activist
3. Vizla Kumaresan, Clinical Psychologist and feminist activist
4. Teoh Han Hui, feminist and digital activist
5. Timothy Philipp Gan, academic and social activist
6. Dorian Wilde, feminist activist
7. thilaga, feminist researcher and activist
8. Dr Subatra Jayaraj, Sexual & Reproductive Health and feminist activist
9. Mohani Niza,  editor
10. Siti Kasim, human rights lawyer and activist
11. Jac sm Kee, feminist activist
12. Dr Joseph N. Goh, academic
13. Jeremy Kwan, social activist

 

what do transwomen have to say about the ‘recovery’ programme by the religious departments