TOGETHER with 66 other organisations, ASEAN SOGIE Caucus and ILGA Asia express concern over the recent raid of a social gathering in Kuala Lumpur and the shrinking civic spaces for lesbian, gay, bisexual, transgender and queer (LGBTQ) persons in Malaysia.
In the wake of Halloween celebrations, the Royal Malaysia Police (PDRM), Federal Territories Islamic Religious Department (JAWI) and Kuala Lumpur City Hall (DBKL) conducted a joint raid of a social gathering attended by people of diverse sexual orientations, gender identities and gender expressions (SOGIE), including LGBTQ persons.
The raid, which took place on Oct 29, 2022, resulted in the arrests and interrogation of at least 24 gender-diverse persons.
Those arrested were alleged to have committed unclearly defined violations such as “encouraging vice” and “indecent acts”; the use of ‘illegal substances’; and freely exercising one’s gender expression.
All persons have been released on bail and are awaiting further action.
Sharing of experiences by the attendees and monitoring by LGBTQ human rights groups responding to the raid show a number of critical human rights violations.
They also reinforce the ongoing trend of state actions that suggest discriminatory intent to persecute and shrink spaces for LGBTQ people to live with dignity.
During the raid, the attendees were segregated based on religion and gender: gender-diverse persons identified as Muslims were targeted, vilified, mistreated, misgendered and slapped with charges for violating the Shariah Criminal Offences Act.
On the other hand, trans and gender-diverse people reportedly experienced degrading and humiliating treatment while undergoing urine tests by the police.
Additionally, during the statement-taking process, the 18 persons who were investigated for “posing as a woman” were subjected to degrading or irrelevant questioning to probe whether they have undertaken hormones or had undergone surgeries.
Such questions contravene the right to live with dignity and privacy, especially on matters related to health and bodily autonomy.
Tip of the iceberg
The raid is the tip of the iceberg of the rising and systemic discrimination and persecution faced by LGBTQ persons in the country.
The Malaysian Government continues to criminalise and persecute LGBTQ persons in both its civil law, specifically the colonial remnant that is Section 377 of the Penal Code (commonly referred to as the anti-sodomy law), and state shariah laws.
Besides that, the state-led promotion of “rehabilitation” or so-called conversion practices or SOGIE change efforts is equally worrying, and further drives low-self acceptance among LGBTQ persons.
This context increases LGBTQ people’s vulnerability to punitive and arbitrary measures.
Freedom of assembly and expression of LGBTQ persons have continued to erode since the police ban on Seksualiti Merdeka in 2011; many LGBTQ events have been cancelled due to backlash from state and non-state actors, while some have even faced threats of state investigation.
Businesses that employ LGBTQ performers and are frequented by LGBTQ persons, on the other hand, operate under the radar due to fear of raids.
LGBTQ events organisers have also reported to LGBTQ groups that their events are sometimes visited by police officers of various ranks.
Events and activities that have visible inclusion of LGBTQ persons have been met with heavy-handed state responses – in 2019, following the visible participation of LGBT persons and allies at the Women’s Day march, the police took stern actions by investigating the organisers under the Sedition Act 1948.
These events, together with the existing and rising LGBTQphobia, have had a chilling effect on freedom of assembly and expression, including online and offline organising, and the ability for LGBTQ-affirming businesses to operate without harassment or fear.
Due to fear of police raids and the safety of LGBTQ attendees, LGBTQ events remain closed and small.
In this context, human rights defenders, activists, organisers and even businesses find it challenging to organise, support and undertake critical awareness raising and community building, which are much needed to address the isolation and disenfranchisement faced by LGBTQ persons and the hostility against LGBTQ persons.
With the rise of conservatism marked by the confluence of right-wing politics and conservative religious sentiments, there is a real-life danger for LGBTQ persons, a cause for worry within the ASEAN region; a report by Justice for Sisters revealed the serious negative impact of anti-LGBTQ sentiments on the mental health and well-being of LGBTQ persons, including increased stress, fear over personal safety and resorting to self-censorship.
Recommendations
- The Human Rights Commission of Malaysia (SUHAKAM) must review and investigate the recent raid to determine its compliance with international human rights standards.
- SUHAKAM must work with police officers towards human rights-based and gender-affirming and inclusive policing.
- All relevant human rights mechanisms including the ASEAN Intergovernmental Commission on Human Rights (AICHR) and UN Special Procedures must strengthen coordination to monitor and respond to the continuous shrinking of civic and democratic spaces, and its impact on the human rights of persons of diverse sexual orientation, gender identity and gender expression, in ASEAN. – Nov 5, 2022
The ASEAN SOGIE Caucus is a Philippines-based regional organisation of LGBTQ human rights defenders from ASEAN while ILGA Asia represents the Asian chapter of the International Lesbian, Gay, Bisexual, Trans and Intersex Association.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main photo credit: Wasan+963’s Twitter
