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.  

The Federal Court decision on Selangor’s Section 28 upholds constitutional protection for all

The LGBTQ+++++ Network in Malaysia welcomes and applauds the decision by the Federal Court today in the review of Section 28 of the Selangor Syariah Criminal Offences Enactment 1995. Section 28 is one among many state and federal laws that criminalise consensual sex “against the order of nature,” with a maximum punishment of RM5,000, three-year jail term, six strokes of cane or a combination of them. This section has often been used against marginalised and persecuted communities on the basis of sexual orientation and gender identity. The judgment provides justice for them, as well as upholding clearly, the democratic principles that underpin the primacy of the Federal Constitution. This decision not only has an impact on the LGBTQ community who face multiple forms of discrimination and abuse, but also for all in this country as it clearly reaffirms democratic checks and balances needed for enacting criminal laws that have huge and lasting impact on our life and freedoms. 

“We are extremely pleased with this historic development. It marks a monumental progress for LGBTI rights in Malaysia. We have worked hard for so many years to live in dignity without fear of prosecution,” said Numan Afifi. 

In a unanimous decision, the judges declared that the Selangor state legislative assembly does not have the legislative competence to enact Section 28. The decision makes clear that state legislative assemblies do not extend to making criminal law as it falls under the jurisdiction of the Parliament as per the Federal List. 

“At first I was very nervous and worried that there would be a decision not in favour of us, but the final result was very exciting. I think this decision is absolutely empowering, it will definitely empower the minority community in Malaysia. This decision reminds everyone, LGBTQ people are human like every person living in Malaysia. We deserve our basic human rights to be protected in our country too.

With today’s decision, we are reclaiming our rights, and it will definitely encourage us to continue our journey in reclaiming our rights. Really thanks to the legal team, NGOs, volunteers that have made a lot of effort on this,” said Chong Yee Shan, Diversity

The decision upholds the primacy of the Federal Constitution, that no laws shall contravene the Federal Constitution. Section 28 and similar Syariah provisions have disproportionately subjected individuals with perceived diverse sexual orientations and gender identities to various forms of state enacted violence, including arbitrary arrest, violation of privacy, dignity and equality under the law. These laws have been used to increasingly target LGBTQ people, who have faced raids, arrests, imprisonment, and recently, public caning. Before this judgement, LGBTQ people are vulnerable to state prosecution and targeted persecution from multiple directions – the Penal Code, and the many iterations of Syariah law that penalises consensual private acts. This is a critical move towards ending double criminalisation and arbitrariness under the law.  

Discriminatory impact also extends to the decreased quality of mental health and well-being, as well as increased financial burden amongst marginalized communities. Consequently, this has resulted in parts of the community that have resorted to self-harm and taking life threatening risks to avoid arrest and humiliation. The judgement brings justice to persons who are vulnerable to prosecution and persecution because of their identities, and for engaging in consensual private acts. 

“Over the course of time, we have dealt with many victims who have suffered under this law – some of them lost their jobs, were kicked out by family members, ended up being homeless, and became suicidal as a result of the enactment and implementation of this law. After years of hopelessness and suffering, they finally can receive an ounce of justice from this decision,” said Gavin Chow, PLUHO

This decision truly paves the way to upholding human rights and justice for all. It restores confidence in the judiciary and reaffirms the democratic principles underlying the law. The Federal Constitution guarantees the rights of everybody, no matter our race, religion, gender, or sexuality. We call for the Selangor state and other states to follow the decision by the Federal Court. Justice must be served for all.

With this, we are reminded of the recent deportation of 1086 Myanmar nationals by the Immigration Department this week even after the stay was obtained from the High Court. It is important for the Malaysian government to comply with court rulings, to ensure justice, equality and dignity for all. We stand firmly in solidarity with the migrant and refugee communities. 

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We also request for the media to anonymize the name of the applicant and refer to the case as the Selangor Section 28 case. 

statement: appeal at the federal court

Justice for Sisters (8 Oct 2015)

The Federal Court in the appeal of Section 66 Court of Appeal’s progressive ruling dismissed the case on technical grounds, and set aside the two orders by the Negeri Sembilan High Court and Court of Appeal to hear the application. The Federal Court was of the view that the trans women should have sought permission (leave) of the Federal Court before instituting their constitutional review for breach of their fundamental rights.

Justice for Sisters is disappointed with the outcome at the Federal Court today. However, we applaud the trans community for all their efforts and courage in challenging the constitutionality of Section 66, which began in 2011. We are extremely proud of the trans community in increasing public awareness and visibility regarding the fundamental human rights violations faced by trans people in Malaysia. This is an achievement that can never be erased.