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LGBTIQ+ RIGHTS in MALAYSIA Monitoring Report: LGBTIQ+ Rights in Malaysia

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LGBTIQ+ RIGHTS in MALAYSIA Monitoring Report: LGBTIQ+ Rights in Malaysia Monitoring Report: LGBTIQ+ RIGHTS IN MALAYSIA Monitoring Report: LGBTIQ+ Rights in Malaysia 2020 This work is licensed under the Creative Commons Attribution-Non-Commercial 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/4.0/. Any part of the text of the publication may be photocopied, reproduced, stored in a retrieval system, or transmitted in any form by any means, or adapted and translated to meet local needs, for non-commercial and non-profit purposes. However, the copyright for images used remains with respective copyright holders. All forms of copies, reproductions, adaptations, and translations through mechanical, electrical, or electronic means should acknowledge ARROW as the source. A copy of the reproduction, adaptation, and/or translation should be sent to ARROW. In cases of commercial usage, ARROW must be contacted for permission at [email protected]. About ARROW About Justice for Sisters About the Gender Equality Initiative (GEI) in Malaysia ARROW is a regional non-profit women’s Justice for Sisters is a grassroots campaign Launched in 2020, the GEI aims to organisation based in Kuala Lumpur, organised by concerned members of the contribute to the implementation of Malaysia. It has consultative status with the public to raise public awareness about relevant CEDAW and UPR concluding Economic and Social Council (UN ECOSOC) issues surrounding violence and persecution observations and recommendations, of the United Nations. ARROW strives to against the Mak Nyah community in specifically the adoption of the gender enable women to be equal citizens in all Malaysia. The campaign also aims to raise equality act that aims to abolish aspects of their life by ensuring their sexual funds to finance court cases that have been discriminatory laws and policies against and reproductive health and rights (SRHR) brought up against transgenders who have women and girls and fulfill the human are achieved. been charged in Syariah court. rights of the LGBTIQ community against discrimination and violence in Malaysia. Contact them at: Contact them at: [email protected] [email protected] We are grateful to the European Union for their funding of the initiative and this report. Production Team Writer: E Cheah Report Coordination and Research Assistance: Thilaga Sulathireh Research Assistance and Support: Sulastri Ariffin Overall GEI Project Coordination: Evelynne Gomez, Sai Jyothirmai Racherla, and Sivananthi Thanenthiran Reviewers: Natasha Dandavati and Dobby Chew Copy Editor: Nicole Fong Graphic Design: Nicolette Mallari Cover Photo: Izzuddin Abd Radzak/Shutterstock Contents 4 ACKNOWLEDGEMENTS 5 LIST OF ACRONYMS 6 EXECUTIVE SUMMARY 9 METHODOLOGY 10 SECTION 1: OVERVIEW AND BACKGROUND OF RECOMMENDATIONS RECEIVED 12 SECTION 2: BACKGROUND OF MALAYSIA, KUALA LUMPUR, PERAK, AND TERENGGANU 16 SECTION 3: FINDINGS 16 3.1 Criminalisation and Legal Barriers 23 3.2 State-led Anti-LGBTIQ Activities and Policies 25 3.3 Protection in Relation to Discrimination and Violence Against LGBTIQ Persons 25 25 3.3.1 Healthcare 31 31 3.3.2 Employment 34 34 3.3.3 Education 38 38 3.3.4 Violence 42 42 3.3.5 Human Rights Defenders 44 44 3.3.6 Media Narratives and Representation 48 SECTION 4: CONCLUSION AND RECOMMENDATIONS 49 APPENDIX 52 ENDNOTES 59 REFERENCES - 4 - Monitoring Report: LGBTIQ+ Rights in Malaysia Acknowledgements Justice For Sisters would like to extend our gratitude and thanks to the interviewees who gave their valuable time and input for this report. We gratefully acknowledge the assistance Asian- Pacific Resource & Research Centre for Women (ARROW) provided through their guidance and feedback. We record our appreciation to E Cheah for drafting and ensuring completion of the report, Thilaga Sulathireh for overseeing the research project and overall contribution to the completion of the report, and Sulastri Ariffin for providing research assistance and support. We would like to also thank Nicole Fong for editing and proofreading the report, and Natasha Dandavati as well as Dobby Chew for their extensive review and feedback. Asian-Pacific Resource & Research Centre for Women (ARROW) - 5 - List of Acronyms ARROW Asian-Pacific Resource & Research Centre for Women CEDAW Convention on the Elimination of All Forms of Discrimination Against Women GBQ Gay, Bisexual and Queer HIV Human Immunodeficiency Virus HRD Human Rights Defender HRT Hormone Replacement Therapy JAKIM Jabatan Kemajuan Islam Malaysia (Department of Islamic Development Malaysia) JFS Justice for Sisters JHEAT Jabatan Hal Ehwal Agama Terengganu (Terengganu Religious Affairs Department) KLASS Kuala Lumpur AIDS Support Services Society KPI Key Performance Indicator LGBTIQ Lesbian, Gay, Bisexual, Transgender, Intersex, Queer MAC Malaysian AIDS Council MCO Movement Control Order MCMC Malaysian Communications and Multimedia Commission MOE Ministry of Education MOH Ministry of Health MSM Men who have sex with men NGO Non-government organization NRD National Registration Department NSP National Strategic Plan on Ending HIV/AIDS 2016-2030 SOGIESC Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics SUHAKAM Suruhanjaya Hak Asasi Manusia (Human Rights Commission of Malaysia) SUARAM Suara Rakyat Malaysia TDOR Transgender Day of Remembrance UPR Universal Periodic Review WHO World Health Organization - 6 - Monitoring Report: LGBTIQ+ Rights in Malaysia Executive Summary This report provides findings of a baseline study to contribute Guided by the recommendations, the baseline report and to the implementation of the Universal Periodic Review (UPR) subsequent monitoring project will focus on four key areas: recommendations and the Convention on the Elimination of All 1. Criminalisation and legal barriers faced by LGBTIQ persons; Forms of Discrimination Against Women (CEDAW) concluding 2. State-led anti-LGBTIQ activities and policies; observations in Kuala Lumpur, Perak and Terengganu. 3. Protection in relation to discrimination and violence against LGBTIQ persons in the areas of healthcare, employment, The baseline study was carried out to assess and establish: education, gender-based violence, and human rights 1. The situation in Kuala Lumpur, Perak and Terengganu defenders (HRD). in relation to laws and its enforcement, state policies, 4. Media narratives and representation of LGBTIQ persons; employment, education, healthcare, media, human rights defenders. Each section of the report will provide an overview of the 2. Status of implementation of the UPR recommendations and issues followed by specific context at the state level. CEDAW concluding observations in Kuala Lumpur, Perak and Terengganu. The report specifies the areas of discrimination that will be monitored—employment, education, healthcare—in order This study is informed by a monitoring framework developed to unpack and deepen the understanding of discrimination by ARROW to monitor progress, gaps, challenges and way experienced by LGBTIQ persons. A section on media was added forward in relation to intervention areas. The findings will as the media representation of LGBTIQ persons has had a inform the development of an advocacy plan. significant impact in shaping public opinion and acceptance, or lack thereof, of LGBTIQ persons in Malaysia. In 2018, Malaysia came under review for CEDAW and UPR. The CEDAW concluding observations and UPR recommendations Since 2018, there have been no positive changes by the related to LGBTIQ persons can be summarized into these 3 government in relation to LGBTIQ persons. The interviews categories: found that there are LGBTIQ-friendly healthcare providers and teachers who want to better support LGBTIQ patients and students. However, their efforts are typically self-initiated. They lack institutional support, and LGBTIQ inclusive and affirming policies are often absent. Most of the information gathered was in the areas of laws, employment, healthcare, and media, which are areas that the respondents work in, have access to, or are directly affected by. As all respondents were adults in their late 20s and not working with students or education institutions, there is a lack of information on the education sector, especially at the state level. Asian-Pacific Resource & Research Centre for Women (ARROW) - 7 - FINDINGS anti-LGBT programme at the state level is insufficient due to lack of human resources, capacity and other resources. This is a summary of the findings: 3. The lack of legal gender recognition has a systemic 1. Laws that criminalize LGBTIQ persons have a systemic, impact on trans and non-binary persons. The impact ranges direct and indirect impact on LGBTIQ persons; in from lack of disaggregated data to widespread particular they affect access to healthcare, employment discrimination, resulting in deprivation of the right to live and self-acceptance, among other areas. In Malaysia, with dignity and limited access to services, opportunities, ‘unnatural sex’ is criminalized under the Federal and state and information. Syariah laws. State Syariah laws also criminalize ‘non- cisgender gender identity and cisnormative gender 4. Discrimination against LGBTIQ persons continues and is expression’ as well as sex between persons of the same sex often prolonged, as LGBTIQ are not connected to and gender. Other laws, in particular, solicitation of sex, are community support systems, have little information also used against LGBTQ people disproportionately. regarding complaint mechanisms, and face uncertainty over whether
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