LGBT (Lesbian, Gay, Bisexual and Transgender) rights in Malaysia have been making the news recently, first, in the form of Malaysia’s first openly gay pastor, and second, in the ongoing trial of Malaysian opposition leader Anwar Ibrahim – arrested and charged with sodomy in 2008.
International Norms
LGBT rights remain a lofty aspiration in many parts of the world. However, in June of this year, the UN Human Rights Council for the first time passed a resolution supporting equal rights for all, regardless of sexual orientation, that was hailed as a historic step forward.
While the famous non-discrimination norm – article 2 of the Universal Declaration of Human Rights proclaims that “everyone all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,” the resolution condemned sexuality discrimination worldwide for the first time and recognised it as a priority for the UN.
UN Human Rights, Sexual Orientation and Gender Identity Resolution
(UN Human Rights Council, 15 June 2011)
UN Council passes gay rights resolution (CNN, 17 June 2011)
Though the resolution was a breakthrough for LGBT activism at the global stage, at the national level, state sponsored homophobia in Africa, Asia and the Middle East in particular remains a harsh reality. In Malaysia, this is certainly the case.
LGBT in Malaysia
Malaysia’s penal code criminalises homosexual acts between both men and women under the subheading of “Unnatural Offences”. Islamic Sharia Law further penalises homosexual activity to male and female Muslims, in several states. The exact crimes and penalties can be found in this world survey by the International Lesbian, Gay, Bisexual, Trans and Intersex Association, published recently in May 2011.
Overall, these laws in Malaysia are seldom and selectively enforced, though the constant fear of persecution, due to the fact that such acts are criminalised, remains for some. Authorities periodically raid gay-friendly bars or massage parlours, while a prominent religious body in 2008 issued a fatwa, or Islamic religious ruling against lesbian sex. The government forbids movies and song lyrics that promote acceptance of gays, (censoring Lady Gaga’s so called gay anthem “Born this Way” for example) and influential religious figures remain vehemently opposed to rising prominence of the country’s increasingly vocal gay community. As recently as earlier this month, an annual gay festival, due to be held in Kuala Lumpur was banned.
Speaking out
Earlier in the year, Reverend Ouyang Wen Feng, a Malaysian gay pastor, urged homosexuals to keep coming out to help battle homophobia.
Most recently, Ouyang pledged to throw a wedding banquet in Malaysia, following his marriage to his American partner in New York. Malaysia’s Islamic Affairs Minister Jamil Khir Baharom that authorities were worried about publicity surrounding Ouyang’s plan to marry, though he would not comment on whether any action could be taken, saying that his marriage would create “social problems.”
In response, Ouyang has called for straight people to vocalise their support of their gay friends. “By keeping quiet, many good people have inevitably and unfortunately given their tacit consent to the oppressive culture that promotes homophobia and perpetuates ignorance.”
“Gay people should keep coming out and straight people who are okay with homosexuals should also come out to say publicly that being gay is okay.”
‘Keep coming out’, urges Malaysia’s gay pastor (AFP, August 2011)
Gay Malaysian plans to defy gov’t (AP)
A political ‘show-trial’
Meanwhile, in a trial widely condemned by rights groups globally, that showcases both the selective application of Malaysia’s sodomy law, and, to many, the lengths to which the Malaysian government will go to extinguish its opponents, opposition leader Anwar Ibrahim last week rejected sodomy charges against him, as he launched his defence in trial.
In a speech, lasting almost an hour, Anwar accused judge and the government of Prime Minister Najib Razak of using a “show trial” to destroy his political career and extinguish any threat to the nation’s ruling party.
He accused the judge of unfair trial, arguing that the prosecution had consistently refused to disclose material crucial to his defence, including the prosecution witness list, clinical notes of the doctors of Kuala Lumpur Hospital (HKL), witness statements, including Mohd Saiful’s statement, and forensic samples and exhibits for independent examination and verification.
Mr. Anwar was arrested and charged with sodomy in 2008, a few months after his three-party opposition alliance won control of several key states in hotly contested elections and broke the ruling National Front’s customary two-thirds hold on Parliament. In 1998, 10 years earlier, after a bitter falling out with former Prime Minister Mahathir Mohamad, Anwar was charged with sodomizing two male aides and later convicted. The conviction was later overturned in 2004 and Mr. Anwar was freed after spending six years in prison. Mr. Mahathir denies fabricating a case against Mr. Anwar.
Malaysia’s Anwar defiant as sodomy trial resumes (AFP, 22 August 2011)
The ruling coalition government has always held power, though it has faced increasing threats recently by the multiethnic opposition who have accused the government of economic mismanagement as well as widespread voter fraud and endemic corruption.
Indeed, Anwar’s court appearance comes after police used tear gas and water cannons to put down a demonstration calling for electoral reform on July 9, the biggest anti-government protest in years.
US concern at Malaysia crackdown on protests (BBC News, 14 July 2011)
Malaysia opposition leader Anwar faces ‘show trial’ (Amnesty International, 29 January 2010)
By accusing Anwar of sodomy, still largely unacceptable in the eyes of many of the population, the government is not only proclaiming its views on homosexuality but also, many would argue, the governments attitude towards democracy and a credible opposition.
As long as either set of unjust practices prevail, both Anwar’s trial, and state sanctioned LGBT discrimination, Malaysia will remain a hostile environment for both LGBT people and political opponents.
Further discrimination
Discrimination unfortunately, does not stop there. Malaysia has also been accused of economically discriminating against its ethnic minority groups – ethnic Chinese and Indian populations, through its highly controversial Bumiputra policy. Freedom of religion for these groups has also been called into question, with a growing wave of fundamentalist Islam across the supposedly secular democracy.
These issues will be discussed in another blog post on Malaysia shortly, as the Malaysian general election, due in or before 2013 nears.
rightswriter 