Evidence of State-sponsored Violence And Discrimination Against LGBT Persons In Malaysia

In March 2019, Malaysian human rights defender Numan Afifi made an intervention at the UPR (Universal Periodic Review) Adoption Reports at the Human Rights Council, Geneva. Amidst scrutiny over interventions by civil society organizations, MACSA and WAFIQ claimed that Numan’s statement was misleading because he used the phrase ‘state-sponsored violence’ to describe state-sponsored anti-LGBT programmes. We are here to clarify the phrase ‘state-sponsored violence’ and offer evidence in support of his intervention.

State-sponsored discrimination and violence refers to any form of mistreatment, violations, and aggressions resulting from the state’s action. The state’s actions could include the enactment of discriminatory laws, policies or directives; allocation of funds for discriminatory activities; and actions or speeches that are hateful, degrading, exclusionary, or incite violence against a group. Violence also refers to the collective harm –psychological, emotional and physical– that the LGBT population in Malaysia have experienced and are experiencing due to state’s actions.

In Malaysia, LGBT people are criminalised through many federal and state laws. There are also multiple government-initiated anti-LGBT programmes, overseen by the Prime Minister’s Department and JAKIM since 2011, most of which focus on rehabilitation and conversion of LGBT persons.

On 23 July 2018, Mujahid Rawa, the Minister at the Prime Minister Department for Religious Affairs, listed the government-sponsored LGBT programmes in Parliament:

    • JAKIM’s voluntary treatment and rehabilitation programme, ‘Ilaj Wa Syifa’;
    • The Mukhayyam program – a 3-day camp introduced in 2011, it was designed as a strategy to reduce HIV transmission among key affected populations, namely Muslim trans women. The programme, listed in the National Strategic Plan to End AIDS 2016-2030, has a few goals: create awareness about HIV, Islam and being a good Muslim; offer job placement and financial assistance for startups; and encourage participants to abandon immoral behaviour, including one’s sexual orientation and gender identity. The government on multiple occasions has promoted the Mukhayyam programme as a rehabilitation camp. This was further reinforced by the Director of JAKIM, who was quoted in an article in July 2017 saying that the programme aims to guide and provide spiritual awareness for the LGBT community through a religious approach to return the participants ‘to the right path’. He noted that participants had changed their appearance, managed their romantic attractions and abandoned their homosexual behaviour. There are also Mukhayyam camps for gay men and lesbian women.The Malaysian AIDS Council has also issued a statement denouncing the harmful effects of Mukhayyam.;
    • Various seminars and programs have been conducted targeting students, school counsellors, parents, volunteers, health staff and representatives of Muslim NGOs, that encourage people to avoid committing ‘LGBT acts’, and encourage others to identify and curb ‘LGBT behaviours’ within their families, social circles, and workplace;
    • Outreach activities: JAKIM claimed they had reached out to over 2,000 LGBT people between 2006 and 2014 to return them “to the right path” through its volunteer and outreach programmes;
    • JAKIM’s e-book ‘Panduan Hijrah Diri’ (available on Google Play Store), and other publications, including a compilation of hadith on ‘LGBT acts’ and a brochure ‘Memahami LGBT dari Perspektif Seorang Muslim’ (Understanding LGBT from a Muslim’s perspective), which promotes  conversion practices.
    • A 5-year action plan Pelan Tindakan Menangani Gejala Sosial Perlakuan LGBT  (Action Plan to address Social Ills LGBT behavior). Alongside 22 partners, including the Ministry of Health, Ministry of Sport and Youth, Ministry of Women, Development and Community, state Islamic departments and other state agencies, the action plan introduced in July 2016 aims to proactively and efficiently curb ‘LGBT behavior’.

These state-sponsored activities are harmful by design as they employ rehabilitation and conversion practices which aim to curb and suppress the actual or perceived sexual orientation, gender identity and gender expression of LGBT persons. They also encourage others to intervene in the private and public lives of LGBT persons.

Scientific evidence and studies show that rehabilitation and conversion of LGBT persons result in prolonged psychological harm not only in LGBT persons, but also their family members and loved ones. These harmful practices have been widely rejected by global scientific bodies, medical institutions, and human rights groups. As a result, more countries are increasingly prohibiting conversion practices.

Based on our documentation and anecdotal evidence, LGBT people participate in these government programmes for a variety of reasons. Trans women, in particular, participate in these programmes to seek financial assistance to start small businesses, to avoid being arrested, to network, and to advance their knowledge of Islam. Therefore, the needs of the participants speak to larger and systemic discriminations faced by trans and LGBT persons in accessing employment, freedom of movement, and inclusive and non-judgemental religious spaces. These are the urgent needs of LGBT people that the government should address.

MACSA and WAFIQ argue that the right to participate in these programmes is a religious right of LGBT persons. We maintain that conversion practices cannot be viewed as a religious right. By definition, the assertion of one human rights claim cannot be used to extinguish other rights. Imposing conditions that require LGBT persons to subject themselves to be changed in order to be accepted by their families and Malaysian society is a violent form of discrimination that violates their right to dignity, safety, health, movement, among others.

Moreover, these government-sponsored programmes reinforce misinformation regarding LGBT people, such as the myths that ‘LGBT behaviours’ are caused by hormonal imbalances, psychological disorders, excessive sexual desires, or a lack of parental or spiritual guidance; that LGBT persons deliberately defy cultural, religious, and societal norms; that LGBT persons are the sole vectors of HIV; and that LGBT identities can be corrected. These have all been widely refuted and debunked by major institutions.

When the Malaysian government funds, produces, and spreads such negative views about LGBT persons, it is not surprising that the public adopts these myths as facts. These government efforts manifest in increased aggression, discrimination and violence against LGBT people in physical spaces and social media, with impunity for perpetrators. In the last few years, the government’s position has directly resulted in the proliferation of anti-LGBT groups that promote rehabilitation practices, anti-LGBT campaigns online and in educational institutions, and violent crimes against LGBT persons.

When these violent acts are seen as “corrective”, they become normalised and accepted by the public. As government endorses discrimination, the Malaysian public too does not see their rejection of LGBT persons as a form of discrimination. Given the climate of fear and rejection in which LGBT people live, LGBT people are faced with limited options for survival and acceptance. Their “voluntary” participation to rehabilitation programmes must take into account the fact that they live in an environment that punishes them for their identities and that pressures them to change.

These state-sponsored activities deprive LGBT people of their right to live with dignity, as enshrined in Article 5 of the Federal Constitution. The state has an obligation to promote, protect and fulfill the rights of all persons. We call on the government to immediately end the investigation towards Numan Afifi and other human rights defenders in the course of defending the human rights of LGBT persons. We also call on the government to engage LGBT human rights groups and review its current policies, activities and practices in relation to LGBT persons.

Endorsed by:

    1. Justice for Sisters
    2. Queer Lapis
    3. Seksualiti Merdeka
    4. L-INC Foundation
    5. Beyond Borders
    6. PLUHO, People Like Us Hang Out!
    7. PLUsos (People Like Us Support Ourselves)
    8. PELANGI Campaign
    9. Our Journey, Malaysia
    10. KLSCAH Youth
    11. KL Queer Women Discussion Group
    12. Malaysian Atheists and Secular Humanists
    13. The Malaysian Feminist
    14. Transmen of Malaysia
    15. All Women Action Society (AWAM)
    16. The Society for the Promotion of Human Rights (PROHAM)
    17. Tenaganita
    18. North South Initiative (NSI)
    19. Parti Sosialis Malaysia
    20. Foreign Spouses Support Group (FSSG)
    21. Community Development Centre (CDC)
    22. Jaringan Rakyat Tertindas (JERIT)
    23. Suara Rakyat Malaysia (SUARAM)
    24. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
    25. Center of Excellence for Research in AIDS (CERIA)
    26. Queer Academics, Students and Supporters Alliance (QUASSA)
    27. Persatuan Sahabat Wanita Selangor (PSWS)
    28. Diversity
    29. Projek Ilmu Seks
    30. Malaysian AIDS Council (MAC)
    31. Malaysia Muda
    32. PT Foundation
    33. SEED Malaysia
    34. Pertubuhuan Kebajikan dan Kesihatan Umum (PPKUM)
    35. BIKAR ALAM
    36. BENTARAKATA
    37. Knowledge and Rights with Young people through Safer Spaces (KRYSS)
    38. GERAK (Pergerakan Tenaga Akademik Malaysia)
    39. Women Center for Change (WCC)
    40. Women’s Aid Organization (WAO)
    41. ASEAN SOGIE Caucus

References

Report of the American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation (2009),

The Report of the American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation (2009) concluded that efforts to change sexual orientation are unlikely to be successful and involve some risk of harm, contrary to the claims of sexual orientation change efforts (SOCE) practitioners and advocates.

The report affirms that same-sex sexual and romantic attractions, feelings, and behaviors are normal and positive variations of human sexuality regardless of sexual orientation identity. The task force concluded that the population that undergoes SOCE tends to have strongly conservative religious views that lead them to seek to change their sexual orientation. The report recommends affirmative therapeutic interventions for those who seek SOCE involves therapist acceptance, support, and understanding of clients and the facilitation of clients’ active coping, social support, and identity exploration and development, without imposing a specific sexual orientation identity outcome.

WPA Position Statement on Gender Identity and Same-Sex Orientation, Attraction, and Behaviours

The World Psychiatric Association (WPA) recognises the universality of same-sex expression, across cultures. It holds the position that a same-sex sexual orientation per se does not imply objective psychological dysfunction or impairment in judgement, stability, or vocational capabilities. WPA considers same-sex attraction, orientation, and behaviour as normal variants of human sexuality. It recognises the multi-factorial causation of human sexuality, orientation, behaviour, and lifestyle. It acknowledges the lack of scientific efficacy of treatments that attempt to change sexual orientation and highlights the harm and adverse effects of such “therapies”.

Pan American Health Organization (PAHO)’s statement on conversion therapy  

In 2012, the Pan American Health Organization (PAHO) stated that purport to “cure” people with non-heterosexual sexual orientation lack medical justification and represent a serious threat to the health and well-being of affected people. Additionally, PAHO also emphasized that therapy to change sexual orientation brings ‘a serious threat to the health and well-being—even the lives—of affected people.’

The Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment A/HRC/22/53

The Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment released in 2013 views conversion or reparative therapies as a form of torture and explicitly calls ‘all States to repeal any law allowing intrusive and irreversible treatments, including forced genital-normalizing surgery, involuntary sterilization, unethical experimentation, medical display, “reparative therapies” or “conversion therapies”, when enforced or administered without the free and informed consent of the person concerned.”

Preliminary observations and recommendations by the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Mr. Dainius Pūras Country Visit to Malaysia, 19 November to 2 December 2014

The special rapporteur on health during his visit to Malaysia in November 2014 expressed concerns over the “so-called “corrective therapies” by the 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.”

International Classification of Diseases (ICD-11)

International Classification of Diseases (ICD-11) removed of all trans-related diagnoses from the mental disorders chapter as ‘evidence is now clear that it is not a mental disorder, and indeed classifying it in this can cause enormous stigma for people who are transgender, there remain significant health care needs that can best be met if the condition is coded under the ICD.’ Gender incongruence is now reclassified under sexual health conditions in the ICD-11.

American Psychiatric Association, Gender Dysphoria

DSM-5 aims to avoid stigma and ensure clinical care for individuals who see and feel themselves to be a different gender than their assigned gender. It replaces the diagnostic name “gender identity disorder” with “gender dysphoria,” as well as makes other important clarifications in the criteria. It is important to note that gender nonconformity is not in itself a mental disorder. The critical element of gender dysphoria is the presence of clinically significant distress associated with the condition. … Replacing “disorder” with “dysphoria” in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is “disordered”.

The American Psychological Association (APA) removes homosexuality from the DSM

The American Psychological Association (APA) removed homosexuality from the Diagnostic Statistical Manual (DSM) in the 1975, as “research has found no inherent association between any of these sexual orientations and psychopathology” and “heterosexual behavior and homosexual behavior are normal aspects of human sexuality.”

Meyer (2003): Prejudice, Social Stress, and Mental Health in Lesbian, Gay, and Bisexual Populations: Conceptual Issues and Research Evidence.

The prevalence of mental disorders in lesbians, gay men, and bisexuals (LGBs)… shows, using meta-analyses, that LGBs have a higher prevalence of mental disorders than heterosexuals. The author offers a conceptual framework for understanding this excess in prevalence of disorder in terms of minority stress—explaining that stigma, prejudice, and discrimination create a hostile and stressful social environment that causes mental health problems.

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Brief media analysis: Media coverage of a Filipina trans woman’s case

A trans woman was arrested and detained in connection to a nude incident in Kuala Lumpur on 13 March 2019. The video of the incident had also gone viral, and received extensive sensational media coverage.

The analysis is based on 27 news reports – 18 in BM and 9 in English – in relation to the case of the Filipina trans woman published on 13, 14, 20 and 21 March 2019.  20 out of the 27 reports had misgendered the trans woman

  • 5 out of the 9 english news reports had misgendered the trans woman. All 5 articles were sourced from bernama
  • 15 out of the 18 articles in BM had misgendered the trans woman. 3 were sourced by bernama

8 out of 11 news reports on 21 March featured a photo of the trans woman with the police officers outside the courtroom. Only 1 out of 8 articles that featured her photo had pixelated her face. 7 out 8 articles exposed her face in the photos.

 

Terms used to identify the trans woman

  • Lelaki (10)
  • Mak Nyah (4)
  • Transgender (3)
  • Pondan (3)
  • Lelaki berperwatakan wanita (3)
  • He (3)
  • Male (2)
  • Individu (2)
  • Transwoman (1)
  • She (1)
  • Lady (1)
Date Number

of articles BM

Number of articles

ENG

Articles Outlet Misgendered

(X  – yes)

13 March 4 2 Dancing in the street: Transgender goes stark naked in Bukit Bintang The star
Naked Transgender Spotted Dancing and Running Up Cars in Bukit Bintang World of buzz
‘Mak nyah’ bogel berjalan, menari tengah jalan gemparkan warga kota! Awani X
[VIDEO] Lelaki berbogel di Bukit Bintang Utusan X
Lelaki warga Filipina berbogel di Bukit Bintang Berita harian X
Pondan bogel ‘catwalk’ tengah kota [METROTV] Harian metro X
14 March 2 1 Dancing transgender in Bukit Bintang remanded for 14 days The star (video)
Pondan berbogel di Bukit Bintang direman 14 hari Berita harian X
Mak nyah bogel tiada masalah mental Harian Metro
20 March 4 2 Pelancong Filipina didakwa berkelakuan tidak sopan dengan panjat kereta sambil berbogel Bernama X
[UPDATE] Mak nyah bogel ‘menginap’ di penjara Harian metro
Pelancong Filipina didakwa panjat kereta sambil berbogel Mkni (bernama) X
Warga Filipina berbogel panjat kereta di tempat awam didakwa Malaysian insight X
Filipino tourist charged with indecent behaviour after Bukit Bintang strip-off Malaymail X
Filipino tourist who strolled naked in centre of KL charged FMT X
21 March 8 4 Filipino trans woman pleads not guilty to public obscenity NST
Second charge for Filipino tourist who strolled naked in KL FMT X
Filipino tourist charged for strolling naked in KL The sun X
Filipino tourist charged with insulting public’s modesty Bernama X
Mak nyah bogel dihantar ke Penjara Sungai Buloh Kosmo
Bogel di tempat awam: Pelancong Filipina didakwa lagi Sinar harian X
Video tular, pelancong bogel didakwa di mahkamah Bernama X
Pelancong Filipina didakwa ganggu kesantunan orang awam dengan berbogel di Jalan Sultan Ismail Awani X
Pondan tak mengaku ganggu kesantunan Utusan X
Pondan Bogel Di Jalan Imbi Dihantar Penjara Warta daily X
Pelancong Filipina didakwa lagi ganggu kesantunan orang awam dengan berbogel Bernama X
Pondan bogel ditahan di penjara BH X
Total 18 9 20

 

Articles published on 21 March 2019 (on second charge)

Title Media outlet Terms used Misgendered Name as per IC revealed Photo
Mak nyah bogel dihantar ke Penjara Sungai Buloh Kosmo mak nyah No Yes Photo with police, face revealed
Filipino transwoman pleads not guilty to public obscenity NST transwoman No Yes Photo with police, face revealed
Second charge for Filipino tourist who strolled naked in KL FMT He Yes Yes Photo with police, face revealed
Filipino tourist charged for strolling naked in KL The sun He Yes Yes Photo with police, face revealed
Filipino tourist charged with insulting public’s modesty Bernama He Yes Yes File pic
Bogel di tempat awam: Pelancong Filipina didakwa lagi Sinar harian Pelancong lelaki

Tertuduh

Yes Yes Photo with police, face pixelated
Video tular, pelancong bogel didakwa di mahkamah Bernama Lelaki Yes Yes File pic
Pelancong Filipina didakwa ganggu kesantunan orang awam dengan berbogel di Jalan Sultan Ismail Awani Lelaki Yes Photo with police, face revealed
Pondan tak mengaku ganggu kesantunan Utusan Pondan Yes Yes Photo with police, face revealed
Pondan Bogel Di Jalan Imbi Dihantar Penjara Warta daily lelaki berperwatakan wanita Yes Yes Photo with police, face revealed police
Pelancong Filipina didakwa lagi ganggu kesantunan orang awam dengan berbogel Bernama Lelaki Yes Yes File pic
Pondan bogel ditahan di penjara BH Pondan

lelaki berperwatakan wanita

Yes Yes Photo with police, face revealed