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Home > Malaysia Must Recognize and Stop Hostilities Toward LGBT People

Malaysia Must Recognize and Stop Hostilities Toward LGBT People

October 24, 2013 (New York)—The Malaysian government should immediately move to implement the recommendations made at the United Nations Human Rights Council regarding addressing discrimination and violence against lesbian, gay, bisexual, transgender (LGBT) individuals the International Gay and Lesbian Human Rights Commission (IGLHRC) said today.

Malaysia’s human rights record was reviewed on October 24, 2013, by the United Nations’ highest human rights body, the Human Rights Council, as part of its regular Universal Periodic Review of all states. Eight member states on the Council highlighted Malaysia’s poor record in protecting LGBT individuals’ human right to live free from discrimination and violence.

During this 17th session of the Universal Periodic Review the following recommendations were made to Malaysia:

  • Croatia recommended decriminalization of consensual same sex relationships.
  • France recommended decriminalization of homosexuality and called for rights of LGBT community to be respected.
  • Germany recommended that LGBT people be allowed to enjoy all human rights without discrimination.
  • The Netherlands expressed concern about the conditions facing LGBT people in Malaysia and recommended that sections in the Penal Code that criminalize consensual same sex conduct be repealed.

Argentina, Canada, Chile and the United States also recommended that Malaysia take steps to address discrimination based on sexual orientation and gender identity.

“The situation of LGBT people in Malaysia is critical,” said Grace Poore, Asia regional coordinator for IGLHRC. “The community is publicly vilified by the authorities and government officials at the highest levels, which is carte blanche for community and religious leaders to engage in verbal harassment, threats and other bullying behaviors contrary to the human rights principles Malaysia has agreed to uphold.”

In the weeks leading up to Malaysia’s Universal Periodic Review some media outlets in Malaysia have published articles apparently aimed at delegitimizing the Human Rights Council’s review process, with the Malay Mail publishing “Human rights a facade to destroy Islam”. Articles have appeared in both independent and state-controlled press stating that the coalition of Malaysian non-governmental organizations (NGOs) is threatening Malaysia’s sovereignty by “adopting the western-style in issues of equality of race and religion; in addition to recognizing homosexual activity, sodomy and same-sex marriages.” Malaysia’s Department of Islamic Development (JAKIM) also publicly stated that sexuality rights advocates were using the UPR process to “confuse people and destroy the harmony” of Malaysia. JAKIM is quoted as saying, “Complaints of human rights abuses against Malaysia are not genuine, and are part of a masquerade to push LGBT agenda to undermine Islam.”

The government of Malaysia has engaged with the Human Rights Council and has ratified both the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), thus indicating its general agreement with the UN human rights system. “Malaysia can’t accept human rights obligations in the abstract,” Poore added. “The government engagement shows how important and serious this process is. Now the government needs to take the important recommendations on LGBT people made to it seriously too.”

In a March 2013 joint statement to the Human Rights Council, a coalition of Malaysian civil society groups stated that hostility towards LGBT people has “greatly intensified” since 2011 with “concerted efforts by the government to politicize issues pertaining to sexual orientation and gender identity (SOGI), and encourage hate, stigmatization, discrimination and persecution.” 

The Malaysian government’s anti-homosexual actions are targeting Parent Teacher Associations and schools. Students are given handbooks that warn against gender confusion as a “serious offense” punishable by whipping, fines, school suspension, expulsion, even court charges – all of which, human rights activists in Malaysia decry as “violation of the spirit and commitment Malaysia made when ratifying the Convention on the Rights of the Child.” 

Further, in March 2013, the Malaysian Ministry of Information, Communication and Culture in collaboration with a local theater group staged a play that demonized LGBT people, and included messaging such as “do not be fooled by the persuasion of the devil, do not validate LGBT.”

IGLHRC joins activists in Malaysia and the international human rights community in calling for an immediate stop to hostilities against LGBT people and to recognize the internationally prohibited grounds of violence and discrimination on the basis of sexual orientation and gender identity.

Documents related to Malaysia’s Universal Public Review Second Cycle are available on the UN Human Rights Committee website. A recorded webcast of the session will be available online, in the coming days.

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Published on October 24, 2013       | OutRight Action International an LGBT human rights organization

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