Justice for Sisters has prepared a #PRN2023 guide in English and BM to help LGBTIQ+ voters & allies to make informed decisions.
Also, check out our
Justice for Sisters has prepared a #PRN2023 guide in English and BM to help LGBTIQ+ voters & allies to make informed decisions.
Also, check out our
Justice for Sisters reflects on the recent actions and protest by the band, The 1975, at the recent Good Vibes Festival (GVF), and the overall public, political parties, SUHAKAM, and the government’s reactions. We offer a reflective and nuanced analysis to the situation – one that ensures LGBTQ people are not further victimised and maintains freedom of expression for all grounded in international human rights law.
To be clear, sans the criticism against the government and the on-stage kiss, we are not excusing the band’s problematic behaviour, including the use of ableist language on stage.
However, it is important to note that the band’s criticism against the government and their protest is valid. It is the result of the state’s own actions of increasing restrictions on LGBTIQ people, which has extended to foreigners and non-citizens in recent years. This is evidenced by the denial of entry of LGBTIQ artists to perform in Malaysia, censorship of publications and films, nationwide raids on Swatch’s pride themed watches and the introduction of a new provision prohibiting so-called ‘cross dressing’ by male performers.
While the band’s actions may be perceived as reprehensible and distasteful, the state must show restraint and still act in accordance with international human rights law. Any form of restriction of freedom of expression should meet the requirements of the three-part test, which requires the state actions to be legal, legitimate, and proportionate.
In this context, the Ministry of Communication and Digital’s actions – to blacklist the band for an indefinite period, cancel the festival, launch an investigation into the organisers under multiple provisions of the Penal Code and the Minor Offences Act, and reexamine PUSPAL’s screening processes and requirements for foreign artists – are already excessive. Additionally, the Ministry’s response has severe and wide-ranging impacts on the public from economic loss (experienced by vendors, organisers, and local performers), increased censorship, policing and scapegoating, among others.
Following the cancellation of GVF, the Minister has instructed a re-examination of the PUSPAL’s screening processes and requirements for foreign artists. This further raises concerns over censorship against criticism and restriction of LGBTIQ persons and expressions in Malaysia. These short-sighted restrictive actions will not only further invite criticism by all persons, but it also has a ripple effect on promoters, event organisers, and further diminish the already struggling creative industry.
We would also like to clearly state that the government is responsible for the economic losses faced by the vendors and organisers, as it is a direct result of the Ministry of Communication and Digital’s instruction to cancel the festival. We are critical of the problematic paternalistic dual role that the Ministry is playing, that is as the disciplinarian by enforcing excessive measures and the benevolent comforter by finding remedies to its own excessive actions, including by assisting the vendors who have suffered economic loss. The Ministry’s action, like the band’s action, is polarising. While one could appreciate the support for the vendors, it doesn’t absolve the state of its excessive actions, which caused the loss in the first place.
As an LGBTIQ human rights group that is guided by international human rights law, we are severely appalled by SUHAKAM’s statement, in which they defend the state’s excessive and disproportionate actions in response to the band’s actions at the festival. This is a complex situation, and as the national human rights institution,SUHAKAM must act as the voice of reason in ensuring that the state does not act arbitrarily and disproportionately in the name of protecting culture, public morality and public order.
We are concerned that such a disproportionate response will set a new precedent for restricting freedom of expression, and silence any kind of criticism against the government’s position, especially on LGBTI issues. We also note the Malaysian government and its agencies have a poor track record in responding to criticism against the government’s anti-LGBT stance and activities. In the past, those who defend the human rights of LGBTIQ and gender diverse people and are critical of the government’s actions against LGBTIQ people or activities, have increasingly been subjected to police reports, investigations, and online gender-based violence with impunity.
As such, we call the government to exercise restraint in its response. We also call for all charges against the organisers to be dropped immediately, and review the increasing criminalization and restriction of LGBTIQ people, be it citizens or non-citizens.
Justice for Sisters is deeply concerned over the recurring anti-LGBT statements made by MPs in Parliament. During the tabling of the Suhakam report on 12 June 2023, at least 5 anti-LGBT interventions were made:
YB Pengkalan Chepa [PN] and YB Hulu Langat [PH] had a heated exchange over slanders against Pakatan Harapan regarding the coalition’s perceived support of LGBTQ issues. YB Kubang Kerian [PN] briefly mentioned LGBTQ issues and supported other anti-LGBT interventions.
Some of the above-mentioned MPs have repeatedly made anti-LGBT remarks in Parliament and other spaces. For example, Pengkalan Chepa proposed anti-LGBT laws in 2021. In March 2023, he stated in Parliament that LGBT people are worse than animals with complete impunity.
We are concerned that unchecked misinformation and discriminatory speech against LGBTQ persons will perpetuate and increase discrimination against LGBTIQ people in Malaysia. It is important that the Speaker holds MPs accountable and enforces Articles 36(4) and 36(10)(c) of the Standing Orders of the Parliament to ensure that Parliament is not used by MPs as a platform that inadvertently promotes misinformation about vulnerable populations, causing further harm.
According to a 2022 JFS survey with 220 LGBTIQ people, 124 respondents (56.4%) stated that anti-LGBT statements by politicians caused them additional stress. 33.6% noted that they have experienced discrimination.
Further, 108 respondents (49.1%) said that they experienced stress due to proposed anti-LGBT amendments to existing laws. While 95 respondents (43.2%) said that they experienced discrimination as a result of such proposals.
Meanwhile, JFS’ research has also found fear of expressing gender expression through clothing, fear of freedom of expression, movement, fear of arbitrary reporting, and increased trust deficit in public institutions among transgender women following a discriminatory statement by the former Minister in the Prime Minister’s Department for Religious Affair urging arrest and rehabilitation transgender women.
More training with MPs on human rights
The debate exposed some MPs’–mostly from Perikatan Nasional (PN) and Barisan Nasional (BN)–lack of understanding of human rights and evidence or rights-based policy-making. Case in point, YB Machang commended the Swatch raid and referred to Russia’s ‘LGBT propaganda’ law as a ‘good practice’–actions have been widely condemned as human rights violations.
Many lack an understanding of human rights and unnecessarily pit human rights against Islam and religion, thereby creating a false binary that promotes tension and polarization in Malaysia. For example, YB Machang criticized the universality of the Universal Declaration of Human Rights’ (UDHR) and called for the dignity of human beings as upheld by Islam to be centered in human rights without realizing that ‘dignity’ is already central to the UDHR. The recognition of the inherent dignity of human beings is captured in its preamble.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.
Discrimination against LGBTQ people is justified and normalized in the name of religion. As such, discrimination against LGBTQ people and the misuse of religion in Malaysia go hand in hand. Undeniably, the current discourse reinforces the monopoly and hegemony on religious interpretation by some quarters in Malaysia. While MPs and society now, in general, oppose the policitization or weaponization of Islam, the same cannot be said in relation to misuse of Islam and religion to justify discrimination against LGBTQ people.
In his 2017 report, the Special Rapporteur on Freedom of Religion and Belief asserted that freedom of religion or belief and the right to equality (and non-discrimination) are inextricably linked. Freedom of religion or belief should be seen as constituting a right to equality, which prohibits discrimination on the basis of religion or belief. He added that this right, however, does not give the power to marginalise, suppress or carry out violent acts against others and those in vulnerable situations, including women or LGBTI persons under the guise of manifesting their religion.
While MPs generally avoid addressing LGBTQ-related discrimination and misinformation due to accusations of being pro-LGBT, liberal, or worse, un-Islamic, the cost of not addressing such discrimination is high and will be borne by all in Malaysia.
To that end, it is important for the Parliament and the Parliament Speakers to create a safer space and set parameters when discussing topics, like LGBTIQ, which elicit various views, including discriminatory views. We reiterate our recommendation to the Parliament Speaker to enforce the Standing Orders in the context of incitement of discrimination and hostility against already marginalized populations, including the LGBTIQ population in Malaysia.
Debates in Parliament blatantly show the anti-rights leanings of MPs–typically, MPs who propose restriction of rights of LGBTIQ people also propose restricting the rights of other marginalized populations. As such, JFS recommends Suhakam to undertake more training on human rights with MPs.
| Parliament standing orders (4) It shall be out of order for Members of the House to use offensive language or make a sexist remark. (10) It shall be out of order to use – (c) words which are likely to promote feelings of ill-will or hostility between different communities in the Federation or infringe any provision of the Constitution or the Sedition Act 1948. |







Justice for Sisters (JFS) raises concern over the increasing hostility against LGBTIQ people in Malaysia. The removal of the Pride-themed watches is another form of increasing intolerance and discrimination against LGBTIQ people in Malaysia by state and non-state actors alike. This dangerous trend goes hand in hand with the increasing conservatism and extremism in Malaysia. One cannot be addressed without the other.
Ministry of Home Affairs’ raids of Swatch outlets nationwide on 13 and 14 May.
On 22 May, Swatch reported raids on 11 of their outlets by the Ministry of Home Affairs (MOHA) to confiscate their limited edition Pride collection watches. A total of 164 watches, worth US$14,000 or RM64,255 were confiscated for violating the Printing, Presses and Publication Act (PPPA). Swatch reportedly will be taking legal action against Malaysia’s discriminatory actions.
Pride is typically celebrated in June by LGBTIQ people globally to commemorate LGBTIQ resistance against discrimination, violence and oppression. LGBTIQ people are criminalized and shamed into believing that they are wrong, deviant, sinners, and unworthy, among others. Against this context, Pride is a celebration of LGBTIQ persons to uplift themselves individually and collectively from the shame imposed by society and the state.
The trend in the use of PPPA against LGBT expression
Increasingly, we see a concerning trend in the use of the PPPA in restricting LGBT-related expressions. Between 2020 and May 2023, MOHA banned at least 6 LGBT-themed books under the PPPA on broad grounds of so-called threat to public morality, order and security. The Kuala Lumpur High Court in 2022 quashed the ban on Gay is Ok! as the Ministry ‘failed to justify the ban on the ground that the look is likely to cause prejudice to public order … after more than 7 years of the publication of the book.” Yet, MOHA has appealed the High Court decision.
The notion that LGBTQ people are a threat to public morality, order and security stems from a misunderstanding of human diversity, majoritarian views, and intolerance of ‘others’. In many LGBT related-cases globally, courts have firmly rejected the use of public morality to discriminate and marginalize LGBTIQ people. Instead, guided by evidence and lived experiences, courts have affirmed the rights of LGBTIQ people. In a 2019 decision that decriminalized LGBTQ people in Bostwana, the judge noted that “There’s nothing reasonable in discriminating … Human dignity is harmed when minority groups are marginalised.”
Under international human rights law, restrictions of rights must be justified and satisfy the test of legality, necessity and proportionality. Article 29 of the Universal Declaration of Human Rights (UDHR) allows limitations of rights solely to secure due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
In this case, the confiscation of the watches has resulted in a further restriction of LGBTIQ-related expression and denial of their right and ability to live with dignity and as equal members of society, as enshrined in the Federal Constitution (FC).
Review & repeal PPPA immediately
In tandem with that, we also question PPPA’s wide definition of publications, which includes “ anything which by its form, shape or in any manner is capable of suggesting words or ideas” as well as the ‘absolute discretion’ conferred to the Minister to ‘prohibit any publication contains any article, caricature, photograph, report, notes, writing, sound, music, statement or any other thing which is in any manner prejudicial to or likely to be prejudicial to public order, morality, security’ under Section 7(1).
Section 7(1) is inconsistent with the principles of rule of law, public laws, and natural justice, including procedural fairness and the right to be heard, safeguarded under Articles 5 and 8 of the FC. These principles, among others, require public decision-making bodies to provide reasons for their decision, ideally, consistent with international human rights law.
In the Hong Leong Equipment Sdn Bhd v Liew Fook Chua decision, the Court of Appeal affirmed that the Articles 5(1) and 8(1) of the Federal Constitution ‘require all state action to be fair and just: and they strike at arbitrariness even in the discharge of administrative functions’.
Meanwhile, in the High Court decision, which lifted the ban on Gay is Ok!, citing a 2014 ZI Publication decision, the judge noted that “a reasoned decision in a matter where freedom of expression and/or where fundamental liberties are being stifled must be given. Otherwise, it will violate principles of procedural fairness guaranteed by Article 8 of the FC.”
We are concerned that the combination of wide-definition of publication and the absolute discretion of the Minister will continue the arbitrary restriction of LGBT expressions with impunity.
While the Home Minister has reportedly instructed the enforcement department to halt further raids, the legality of the raid remains a question. Under Section 7(1), the Minister is expected to make an order regarding the prohibition of the watches. The orders are typically published as a Gazette on the Attorney General Chambers’ (AGC) website. However, JFS has not found the gazette on the AGC’s website.
To that end, we echo MUDA’s Deputy President’s call for the Minister of Home Affairs to explain the legality, necessity and proportionality of the raid and confiscation of the watches, which resulted in the restriction of freedom of expression and equality.
We also reiterate ARTICLE 19’s critique on the PPPA that it ‘fail(s) to comply with the requirement under international human rights law that restrictions on expression be formulated with specific precision to allow individuals to regulate their behaviour —the requirement of legality—and be narrowly tailored to address a legitimate state objective—the requirement of legitimacy.” As such, the PPPA should be reviewed and repealed.
Reacting to public complaints
MOHA reportedly carried out the nationwide raids in response to public complaints. Their response raised several questions
Based on Justice for Sisters’ monitoring and documentation of human rights violations against LGBTIQ persons in Malaysia, LGBTIQ people or content are vulnerable to false reporting or ‘complaints’ via tagging of government agencies on social media platforms. Government agencies, typically, without assessing the elements of bias of the complaint, subject LGBTQ people or LGBT-related content creators to investigations, persecution and among other forms of victimization. The government, however, has yet to address the increasing bias and discrimination against LGBTIQ people. Instead, it further legitimizes and normalizes it through discriminatory responses.
We urge Suhakam to monitor this trend and invest in training with government agencies to ensure that their complaint mechanisms and investigating processes are bias-free and consistent with human rights standards.
Closing
In summary, we reiterate our call for the Minister of Home Affairs to explain the raid and confiscation of watches, resulting in the restriction of freedom of expression, in accordance with principles of legality, necessity and proportionality. Concurrently, MOHA must end all forms of censorship, raids, and restriction of freedoms and rights of LGBTIQ people.
In Malaysia’s 3rd Universal Periodic Review (UPR), Malaysia accepted a recommendation by Georgia to “Accelerate consultations within the Government in order to review the following legislation: the Sedition Act, the Printing Presses and Publications Act, the Prevention of Crime Act, the Special Offence Act, the Peaceful Assembly Act and the Prevention of Terrorism Act”.
Lastly, we recommend Suhakam invest in training with complaint mechanisms by government agencies to minimise harm to marginalised groups due to bias-motivated complaints.
| Definition of publication “publication” includes— (a) a document, newspaper, book and periodical; (b) all written or printed matter and everything whether of a nature familiar to written or printed matter or not containing any visible representation; (c) anything which by its form, shape or in any manner is capable of suggesting words or ideas; and (d) an audio recording; Section 7(1) of PPPA 7. (1) If the Minister is satisfied that any publication contains any article, caricature, photograph, report, notes, writing, sound, music, statement or any other thing which is in any manner prejudicial to or likely to be prejudicial to public order, morality, security, or which is likely to alarm public opinion, or which is or is likely to be contrary to any law or is otherwise prejudicial to or is likely to be prejudicial to public interest or national interest, he may in his absolute discretion by order published in the Gazette prohibit, either absolutely or subject to such conditions as may be prescribed, the printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of that publication and future publications of the publisher concerned. |

JFS is seeking applications for a Finance & Administration Officer who is able to support JFS’ growth trajectory. The role reports to the Executive Director, and includes a remuneration of MYR4,000 per month.
The functions and responsibilities of the role are envisioned below:
JFS is seeking a Communications Officer who is able to support JFS’ growth trajectory and realise our vision of fostering safe, inclusive and enabling environments for LGBTIQ persons in Malaysia to live full lives with dignity and respect. The ideal candidate will be responsible for developing and implementing a communication strategy with a focus on both traditional and digital communication. The work is envisioned to be remote with weekly in-person meet ups. The role reports to the Executive Director, and includes a remuneration of MYR4,500 per month.
The functions and responsibilities of the role are envisioned below:
Applicants should submit their application to justiceforsisters@gmail.com by 2 June 2023, Friday 23:59 (MYT) with the email subject title “Name + Communications Officer.”
Interested candidates are requested to submit the following:
LGBTIQ people face various forms of violence by family members. However, many cases are unreported. LGBTIQ groups are often cautious when responding to cases of violence – especially those involving children due to sensitivities involving the legal capacity of minors – where the repercussions include the possibility of backlash including legal prosecution.
This research aims to explore how the Domestic Violence Act 1994 can be used in domestic violence cases by family members and others against LGBTIQ people, including physical violence, surveillance, conversion practices, and forced marriages.
The report targets civil society organisations, namely LGBTIQ groups and other groups that respond to cases of violence against LGBTIQ persons, including SUHAKAM, legislative members and government agencies.
JFS is seeking a Research Consultant to steer the research process on the following areas of interest, to develop a report that explores how the Domestic Violence Act 1994 is being used in cases involving LGBT persons:
The study will be informed by desk research, a stakeholder consultation (to take place in July 2023), and in-depth interviews with key stakeholders conducted by the Research Consultant. The consultant is expected to deliver a final report. Throughout the course of the assignment, the consultant will receive support from JFS and an editor.
The consultancy will be conducted entirely remotely, and is anticipated to start in July 2023.
Proposed timeline
Duration: 4 months (July – October 2023)
| July | Desk review |
| Consultation with civil society organisations on the DVA 1994 | |
| August | In- depth stakeholder Interviews |
| Prepare first draft of the report | |
| September | Prepare a draft report for peer review |
| October | Finalise the report |
| November | Editing, translation and layout |
| December | Launch of report |
Consultancy fee
The total budget for the consultancy is RM 8,000.
Applicants should submit their application to justiceforsisters@gmail.com by 9 June 2023, Friday 23:59 (MYT) with the email subject line [Name + Research Consultant].
Interested candidates are requested to submit the following:
JFS firmly respects a person’s right to identity, self determination and privacy. Trans, non-binary and intersex people who want to apply do not have to disclose their name as per IC in your application.
Please note that only complete applications containing the above-mentioned documents (CV and a letter of interest) will be considered. Please note that only short-listed applicants will be contacted. For any clarifications, please write to justiceforsisters@gmail.com.
Justice for Sisters is concerned over prejudicial media reporting and reactions by state and non-state actors to the visibility of rainbow flags and placards at the recent Women’s March held on 12 March in conjunction with International Women’s Day. The march ran from 10AM to 2PM, beginning with a march from Sogo Complex to Dataran Merdeka. The Dang Wangi police facilitated the march.
The post-march reactions highlight several concerning trends:
Lesbian, bisexual, queer, trans and intersex (LBQTI) women are women, and entitled to equality, non-discrimination, and freedom of assembly and expression–guaranteed under the Federal Constitution and by international human rights law.
ARBITRARY USE OF LAWS AND POWERS
On the same day following the march, police officers hand-delivered notices (also known as 111 Notice) to seven organisers, speakers and participants at their homes late at night, summoning them for an investigation the following day. Investigations are being conducted under Section 9(5) of the Peaceful Assembly Act 2012 (PAA), which is linked to organisers informing the police of the assembly at least five days before the assembly is held; and Section 14 of the Minor Offences Act 1955 on insulting behaviour.
As a party to the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), it has an obligation under Article 7 to uphold women’s public and political participation, which includes their freedom of association, assembly and expression. As such, these investigations under both laws should be dropped immediately as it directly contravenes with Malaysia’s obligations under CEDAW.
The PAA does not require approval or a permit for an assembly. However, the PAA requires the organisers to provide a notification to the police five days prior to the assembly. The organisers of the Women’s March had notified the police six days prior to the march.
Under international human rights law notification prior to assembly is not mandatory. Moreover, non-compliance should not be subjected to criminal or administrative sanctions. It is also important to understand the difference between notification procedure and the permission requirement. The purpose of a notification procedure is to “trigger the positive obligations of the state to facilitate the exercise of freedom of peaceful assembly, consistent with the ‘principle of presumption’ in favour of holding assemblies outlined in the OSCE/ODIHR Guidelines on Assembly’.”
The Special Rapporteur on Freedom of Assembly and Association stresses that the exercise of the right to freedom of peaceful assembly, should be “governed at most by a regime of prior notification whose rationale is to allow State authorities to facilitate this exercise and to take measures to protect public safety and order and the rights and freedoms of others” (A/HRC/20/27, para. 28). He also stresses that notification is not mandatory as there are various contexts in which public assemblies take place, including spontaneous peaceful assemblies or where there is no existing or identifiable organiser. If notification is needed for large assemblies a 48 hours prior notification should suffice.
In the event, where authorities seek to restrict assemblies, the Special Rapporteur on Freedom of Assembly and Association emphasises that the authorities ‘should provide assembly organizers, in writing, with “timely and fulsome reasons” which should satisfy the strict test of necessity and proportionality of the restrictions(s) imposed on the assembly pursuant to legitimate aims.’
Consistent with international human rights law, the Malaysian Court of Appeal found Section 9 (5) of the PAA as unconstitutional for imposing a fine for lack of compliance with the notification requirement.
Thus, in the case of the Women’s March, subjecting the organisers, monitors, speakers and participants of the march to an investigation under Section 9(5) of the PAA is against international human rights standards.
Section 14 of the Minor Offences Act was also used as grounds for investigation of the organisers, participants and monitors of the march due to alleged insulting placards. The placards and statements explicitly cited by the police as insulting are scientific facts–such as the notion that women are diverse and includes trans women– and expressions of concern around long standing issues, such as sexual and gender-based violence against women and child marriage, among others.
Subjecting expressions of concerns and facts to investigation violates freedom of expression and creates a chilling effect on freedom of expression, especially on issues surrounding gender equality. Further, the arbitrary application of Section 14 calls into question what constitutes insulting behaviour. Without thresholds and compliance with international human rights standards, such vague provisions of these laws are subjected to abuse.
In 2017, a human rights defender was charged under Section 14 for carrying out a peaceful direct action or protest at an event attended by the Prime Minister. The charge was later dropped. In 2021, the former President of the Bar Council noted that Section 14 of the Minor Offences Act has been used for a variety of cases – insults, stalking, exhibition of inappropriate gestures in public, or photographing indecent acts – due to its wide context. In 2023, two students were arrested by the police over an alleged rant on the history paper of a national examination. In some contexts, Section 14 has been used together with other laws, including Section 233 of the Communication and Multimedia Act (CMA) and Peaceful Assembly Act.
The intimidation of police continued to be seen when they issued 111 notice right after the event at the homes of participants and organisers. This has raised panic among family members
Section 111 of the Criminal Procedure Code (“CPC”) allows the police to compel anyone to provide a witness statement in writing through the 111 notice. In accordance with the provision, the police hand-deliver the 111 notice directly to those subjected to investigation.
While the police may not have ill intentions in hand-delivering the 111 notice, given the fear and trust-deficit in the police, such actions can be seen as harassment and intimidation, especially when the investigations are built on weak grounds and the notices are delivered to private homes at odd hours.
We recommend that the police contact witnesses via telephone and share an e-version of the notice. They could also allow the witness to collect the 111 notice by their lawyer. It is important to note that human rights defenders (HRD) have consistently provided cooperation with police in such investigations in spite of the stressful circumstances and costs to their mental health and well-being.
DETRIMENTAL IMPACT ON MARGINALISED PERSONS
The arbitrary investigation of the organisers, speakers, participants and monitors coupled with statements by the police and media outlets contributed to the misrepresentation and mischaracterisation of the march. The march was frequently referred to as an ‘assembly and march that did not adhere to laws’, and a ‘himpunan LGBT’ (an LGBT assembly) due to the presence of rainbow flags.
This has also resulted in unchecked hateful and harmful comments on social media against those who attended the march, and increased misinformation and manipulation of the details of the march. We believe the criminal investigation of the march also deepens the trust deficit in police and the state, while deterring access to redress for the participants to report cases on violence and discrimination as a result of their participation in the Women’s March.
To illustrate, a social media post by a participant who shared her experience of being sexually harassed by a man was quote-tweeted over 1,000 times. The quote-tweets largely trivialized her experience of sexual abuse and victim-blamed her, made fun of the person for assuming the man’s gender identity, and questioned why she had not lodged a police report, among others. In addition, several social media posts called for actual or perceived LGBT people to kill themselves.
The harms of continued and pervasive use of hateful rhetoric by the state, government agencies and social media users against the LGBTQ persons cannot be underestimated. A Justice for Sisters survey shows 48% of 220 respondents face increased stress due to hateful speech online, while 40.5% have faced discrimination.
Central to the negative reaction is the lack of understanding of women in all of their diversity and the exclusion of LBTIQ women. We reiterate again that LBTIQ women are included in the diversity of women. LBTIQ women are subjected to multiple forms of patriarchal and misogynistic marginalisation for being a woman and more so for being an LBTIQ woman. For example, cases of sexual harassment are pervasive, and many queer women have reported being told that ‘they need a real man to correct them’ and that ‘they are a lesbian, bisexual and queer woman because they have not had sexual intercourse with a man.’
In Malaysia, LBTIQ women are criminalised under both federal and state Syariah laws, namely through provisions on musahaqah that criminalise women on the basis of their sexual orientation and consensual sexual acts. LBTIQ women are also criminalised based on their gender identity and gender expression, through provisions targeting ‘lelaki berlagak seperti perempuan’ and ‘perempuan berlagak seperti lelaki’. Collectively, these laws subject LBTIQ women to judicial caning, arrests, sexual assault, arbitary arrest and detention, and public humiliation, among other things.
The criminalisation of LBTIQ women has a systemic impact on their ability to seek employment opportunities or express themselves, to access redress and justice mechanisms,, and to mitigate their exposure to violence and discrimination by various actors, including family members. Many reports, including SUHAKAM’s study on the situation of trans people in Kuala Lumpur and Selangor, highlight the systemic discrimination and violence as well as the lack of protection that trans women face.
We are concerned about the alarming increase of unchecked anti-LGBT statements through social media and media outlets following the march. This is part of a longer-term rise of anti-LGBT sentiments in Malaysia even prior to the march. Center for Independent Journalism (CIJ) election monitoring shows that offensive speech related to gender and sexual orientation were 3 times higher than offensive speech related to race and religion during the General Election 15. However, they remain unaddressed by authorities. Instead, they are made worse by anti-LGBT statements by state actors, including the prime minister.
Following the march, Justice for Sisters has documented extreme, violent and degrading speech against LBTIQ women and people in various spaces, including social media and Parliament. These include:
Under international human rights law (IHRL), restrictions on the right to freedom of expression are permitted only if they are: (a) provided by law, (b) in pursuit of a legitimate aim, including protecting the rights of others, and (c) necessary and proportionate to that aim. Additionally, IHRL requires that governments restrict speech that constitutes incitement to discrimination, hostility, violence or international crimes. As can be seen in the screenshots below, the comments advocate for discrimination and hatred constituting incitement of hostility, discrimination and violence.
UN Human Rights Council Resolution 16/18 calls on states to speak out ‘against intolerance, including advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence.’On 14 October 2021, the UN General Assembly elected Malaysia to join the Human Rights Council from 2022 to 2024. Malaysia should show its commitment to human rights by implementing the resolutions of the Council, including those made in Resolution 16/18.
Recommendations
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Screenshots of social media posts
Please die, please kill yourself, LIKE NOW. thank you
When you march in KL with LGBT flags you should die. What is up with the spread of nonsense. Your geng is like a parasite, and a parasite should be eradicated.
The human race will go extinct if LGBT deviants are allowed
Fuck you cunt (or something to that effect), you should die. What does the women’s march have to do with stupid LGBT. pigs, your kind should go extinct. Cursed people. Fuck LGBT deviants
Wouldn’t it be nice to be able to assault the LGBT gang
Next time they gather like this we should too. We chase them and get them. Don’t say that’s not the way. War is a dakwah (religious preaching). Rough ways are also needed… when it comes to religion there is no compromise and games. Do we want to wait for the disaster?
People around should hit them (with a vehicle). I also said the same thing the last time it happened. When one or two people get hit (by vehicles) the rest will run away. If we go to jail for a while that’s fine, as long as we save the society from this stupid deviant thinking

LGBTQ like this should be subjected to the death penalty for challenging Allah. Where are the religious leaders in Malaysia. What are the actions by the islamic leaders?
Astagfirullah
In front of SOGO these people are becoming more bold to organize a mass LGBT gathering. This group is becoming more bold day to day. The LGBT normalization is becoming more vibrant in malaysia. This group is more bold to hold assemblies openly. If they are blocked, there will be more assemblies like this in the future. Do we want Malaysia to be hit by disasters?
Whenever the Pakatan Harapan (PH) government there are gathering with colourful flags
The government should not recognize LGBT people and stern actions should be taken. Allah has reminded us about Allah’s wrath when it comes to Sodom and Amoro.
For social media dissemination














In December 2022, the Ministry of Health announced its Pre-Exposure Prophylaxis (PrEP) pilot programme slated to be launched in 2023 aimed at reducing HIV transmission. Funded by the Global Fund, the pilot project in Malaysia will be made available through 18 health clinics across Malaysia.
PrEP is a HIV prevention medication that has proven to be 99% effective in preventing HIV transmission. The World Health Organization (WHO) has recommended PrEP as part of a combination approach to HIV prevention for all people who are at substantial risk of contracting HIV. Further, UNAIDS notes that ending the HIV epidemic requires synergy around the three zeros – zero new HIV infections, zero discrimination and zero AIDS-related deaths.
In the last 10 years, the trend of HIV prevalence in Malaysia has shifted from sharing needles and syringes among people who use drugs to sexual transmission being the main mode of transmission. In 2020, 94% of the HIV cases in Malaysia were sexually transmitted. Additionally, 76% of new HIV cases are among people between 20 and 39 years old.
Since its announcement, Justice for Sisters has observed concerted efforts by anti-rights actors, including PAS and other politicians, academics, health care practitioners, and media outlets to deny access of PrEP to gay, bisexual, queer (GBQ) and other men who have sex with men (MSM) and, by extension, LGBT people.
The anti-rights actors argue, among others, that the availability of PrEP will ‘condone or normalize LGBT’ and overburden the healthcare system. Such prejudicial claims coupled with misinformation about PrEP’s side effects and call for continuation of ineffective, harmful and non-evidence based approaches, such as abstinence-only education and rehabilitation or conversion practices as the strategies to tackle HIV not only deprive LGBTQ people of right to life, health, non-discrimination and equality, but also undermine Malaysia and global efforts in ending HIV.
Moreover, the call to restrict access to PrEP by anti-rights actors is inconsistent with the fundamental medical ethics of doing no harm.
Consistent with UNAIDS’ call to effectively end the HIV epidemic through “zero new HIV infections, zero discrimination and zero AIDS-related deaths,” there is an urgent need for the Ministry of Health and Ministry of Digital Communication to address the HIV-related mis/disinformation by anti-rights actors. Left unchecked, the Special Rapporteur on Freedom of Expression notes even graver consequences of disinformation, including the erosion of trust in democratic institutions.
Studies already show that GBQ men and MSM as well as transgender, lesbian, bisexual, and gender diverse people show low health-seeking behaviour and knowledge and high trust-deficit in healthcare institutions due to criminalization, stigma and discrimination, pressure to ‘change’ their sexual orientation, gender identity and gender expression through various means, including marriage, among others. Ministry of Health’s annual HIV progress reports finds GBQ men and MSM as the hardest population to reach due to discrimination and at the same time projects GBQ men and MSM to be the main key affected population affected by HIV by 2030.
In addition, Justice for Sisters recommends that the Ministry of Health:
Please read our factsheet on PrEP, which addresses mis/disinformation related to PrEP by anti-rights groups
Justice for Sisters urges Sinar Harian to call off or postpone its “PrEP buat Komuniti Songsang Lega @ Bencana?” episode on Di Sebalik Isu bersama FY tonight at 8.30pm.
The title of the panel in and of itself is already stigma-laden. By describing LGBT people as ‘komuniti songsang’ and positing whether PrEP is a relief or a disaster, Sinar Harian is already casting moral judgments and exacerbating the stigma and misinformation related to PrEP and LGBT people.
Further, the episodes feature panelists who hold inaccurate and anti-LGBT views. For example, in a paper by Prof Dr. Samsul Draman he supports the notion that lesbian, gay, bisexual, and transgender people can be changed and de-transition programmes for transgender women. Prof Madya Dr Ahmad Sanusi Azmi was featured in another Di Sebalik Isu bersama FY, Kita Perlu Undi Siapa Ya? (Nov 11, 2022), where he urged viewers not to vote for LGBT-friendly political candidates.
The talk show hosted another HIV and LGBT-related episode in September 2022 – HIV, Gay, Melayu. In the episode, the host and panelists made many stigmatizing and inaccurate messages about LGBT people and HIV, raising fear of surveillance and discrimination in universities and healthcare settings among LGBTQ persons.
As such, we urge Sinar Harian to reconsider the benefits of tonight’s episode to public health and call it off to reduce misinformation and stigma against marginalized populations. Should Sinar Harian choose to postpone the episode, we urge Sinar Harian to ensure the panelists and host alike are non-judgmental and evidence and rights-based.
We also call for the Ministry of Health and the Ministry of Communications and Digital to pay immediate attention to the prejudicial sentiments against marginalized populations as well as the quality and accuracy of health-related information disseminated by media outlets.
This GE15, Justice for Sisters monitored LGBTphobia throughout the elections. LGBTphobia refers to the expression of anti-LGBT position, narrative and sentiments targeting LGBTIQ people, people who are perceived as ‘LGBT supporters’ and non-LGBTIQ people. It also refers to mistreatment and discrimination against LGBTIQ+ people based on their sexual orientation, gender identity, gender expression and sex characteristics.
The LGBTphobia manifested, among others, as follows
This preliminary analysis will cover 4 areas that we monitored
Barisan Nasional and Perikatan Nasional campaign materials explicitly included anti-LGBT positions.
At least 3 anti-LGBT infographics or communication materials were released by Barisan Nasional
Perikatan Nasional’s campaign video presented at its candidate announcement event included LGBT-related chants from the 2018 women’s march, which was mischaracterized as an LGBT march by conservatives due to visibility of rainbow flags and LGBTIQ inclusion in the march.
In addition, Harakah Daily, PAS’ media channel, consistently published articles and visuals targeting PH for supporting LGBT people and issues from early/mid-October 2022. This includes the ‘normalisasi LGBT era kerajaan PH’ campaign. On 28 October 2022, Mujahid and Amanah took legal action against PAS’ accusations.




Barisan Nasional, Perikatan Nasional, Pejuang and Pakatan Harapan made discriminatory remarks. It is important to note that the severity of the speeches vary
Pakatan Harapan (PH) and MUDA were subjected to LGBTphobia before and during the GE15 campaign period by Perikatan Nasional, Barisan Nasional and Pejuang online and offline.
PH lodged police reports and took legal action against linkages with LGBT people made by Perikatan Nasional. In addition, in a now-deleted tik tok post, PN supporters were seen shouting ‘hapus LGBT’ at PH supporters on nomination day.
Pejuang in several Twitter posts, called for Anwar Ibrahim to denounce LGBT people. Following the publication of an article by an anonymous former Pejuang cyber trooper alleging Mahathir’s team of attempting to commission a fake sex video between an Anwar lookalike and another man to end his political career, Pejuang claims that the article is an attempt to defame Mahathir in a 17 November tweet.
Similarly, fake LGBT accounts that purportedly support PH (e.g. kelab pelangi) and deceptive content that shows LGBT people throwing their support behind PH emerged on social media platforms.


Aside from social media posts claiming that there is an LGBT conspiracy within MUDA and vilifying Syed Saddiq for being an LGBT ally, MUDA also experienced at least 3 banner drops from 2 – 16 November, according to social media posts.



Only the Socialist Party’s manifesto offers protection against discrimination based on sexual orientation and gender.
Justice for Sisters telah menerbitkan beberapa sumber maklumat dalam BM & Bahasa Inggeris untuk membantu pengundi LGBTIQ dan pelbagai gender untuk membuat keputusan bermaklum menjelang pilihan raya akan datang. Baca, muat turn dan kongsi!




















